Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Withholding/suppression of evidence
  • 24 Jan 2024

    SAMUDIN BIN KAMBALI

    Citation
    JA-62R-15-12/2020 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    JA-62R-15-12/2020 (Mahkamah Sesyen)

    The prosecution failed to prove a prima facie case on both required ingredients: (1) there was insufficient and unreliable evidence to establish that the accused corruptly gave RM45,000 to the police officer; and (2) the inducement to forbear acting was not proven. Material contradictions between key witnesses, an unexplained evidential gap (failure to call the club manager/owner), admissions by the principal witness that supported the defence and lack of corroborative evidence created reasonable doubt; accordingly the accused was acquitted and discharged.