7 Sept 2023
MOKTAR BIN RADIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]
- Citation
- WA-44-150-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-44-150-09/2022 (Mahkamah Tinggi)
The Sessions Court judge's acceptance of prior investigative written statements over the unequivocal oral testimony of material witnesses was perverse and unsupported by evidence; this constituted a gross irregularity warranting High Court revision under Section 323 CPC, and the proper remedy was to set aside the finding of prima facie case and acquit and discharge the applicants without calling them to enter defence.