Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Witness availability

Legal area

Court

9 Feb 2022

DONG JHEN YU [Jabatan Peguam Negara]

Citation

W-05(M)-588-12/2019 (Mahkamah Rayuan)
Court

M
Case number

W-05(M)-588-12/2019 (Mahkamah Rayuan)

The Court allowed the appeals because the prosecution failed in its duty to make available key witnesses or their s.112 CPC statements after offering them to the defence; that failure materially prejudiced the appellants' right to a fair trial (exacerbated by lengthy preventive detention) and left the prosecution unable to negate the defence narrative, rendering the convictions unsafe; accordingly convictions and mandatory death sentences were set aside and appellants acquitted and discharged.
3 Mar 2020

ADIB NAFIS BIN HASSANE NAFIS

Citation

B-05(SH)-612-12/2018 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-612-12/2018 (Mahkamah Rayuan)

The appeal is dismissed because the High Court did not err in its factual finding that the appellant had possession, custody, control and knowledge of the bag and its contents; the trial judge did not invoke s.114(g) adverse inference, and even if the prosecution failed to make Anwar available the defence failed to raise a reasonable doubt (notably by failing to cross-examine prosecution witnesses and by offering inconsistent, afterthought evidence); accordingly conviction for possession under s.6 read with s.39A(2) DDA and the sentence are affirmed.