9 Oct 2025
SATYAMOORTHY A/L SUNDRAMOORTHY
- Citation
- B-05(SH)-368-07/2024 (Mahkamah Rayuan)
- Court
- SH
- Case number
- B-05(SH)-368-07/2024 (Mahkamah Rayuan)
The Court of Appeal held that the prosecution failed to close a material gap by not calling or offering the key witness (Thanabalan) and that the trial judge had relied on post-arrest admissions that were not shown to be given after a caution; on the evidence as a whole there was insufficient basis to sustain a trafficking conviction under s.39B(1)(a) so the conviction was substituted to possession under s.39A(2) DDA and the sentence reduced to 10 years imprisonment and 10 strokes of rotan from date of arrest.