26 Jun 2020
KEE KUO WEN PUBLIC PROSECUTOR
- Citation
- BA-41S-68-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-41S-68-10/2019 (Mahkamah Tinggi)
The appellate court allowed the appeal because the prosecution failed to prove the identity of the deceased conclusively and the prosecution case contained material contradictions (notably SP9's account was uncorroborated and potentially motivated), and the trial magistrate misdirected himself in applying the legal test under s 41(1) RTA; the conviction was therefore unsafe and was set aside.