7 Nov 2024
YONG YEOW HIN [ ]
- Citation
- M-09-37-02/2021 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- M-09-37-02/2021 (Mahkamah Rayuan)
The Court held the deposition and recording could not be admitted under section 61A ATIPSOM because no removal order by the Director General of Immigration was produced; because the prosecution had elected to record the deposition under section 61A and failed to comply with its mandatory prerequisite, the deposition could not be relied on under section 32(1)(i) EA to sustain the prosecution's case; the conviction and sentence were therefore unsafe and were set aside.