17 Oct 2024
1. ) SYAFRIZAL BIN SYARBAINI 2. ) SUWARNI
- Citation
- PB-45A-82-12/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PB-45A-82-12/2022 (Mahkamah Tinggi)
Prosecution failed to prove possession and knowledge against both accused because proximity alone was insufficient, the material witness (owner) was not called and the prosecution failed to take reasonably practicable steps to secure her attendance so her recorded statement was excluded; investigation was incomplete creating reasonable doubt and therefore no prima facie case was made out to call accused to answer under s.180(4) CPC; accused discharged and acquitted.