Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of police statements

Legal area

Court

13 Oct 2022

STANLEY JOE A/L ALFRED Murallitharan S/o Ramaru

Citation

JA-A53KJ-96-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-96-02/2021 (Mahkamah Sesyen)

Plaintiff failed to discharge the burden of proof to establish negligence and vicarious liability: the police investigator's statements about Whatsapp communications are inadmissible hearsay and not substantive evidence; the identification photographs were not tendered as exhibits nor authenticated; plaintiff's late police report and inconsistent testimony undermined credibility; consequently no liability was established and plaintiff's claim is dismissed with costs.
30 Nov 2021

SUAIB BIN THANDI BUHARI BIN ASMAWIN

Citation

J-05(M)-329-09/2020 & J-05(M)-326-09/2020 (Mahkamah Rayuan)
Court

M
Case number

J-05(M)-329-09/2020 & J-05(M)-326-09/2020 (Mahkamah Rayuan)

The Court of Appeal held that the cumulative circumstantial evidence—SP9's credible testimony placing the appellants chasing the deceased with parangs, the post mortem showing multiple slash wounds including fatal head injuries, the appellants' conduct in hiding and resisting arrest, and admissible s27 information proven by oral testimony leading to discovery of clothing and weapons—formed an irresistible chain excluding other reasonable hypotheses; s27 oral evidence was admissible and police reports served only corroborative value; therefore conviction and death sentence under section 302 Pe…
10 Jun 2020

THOLASITHASAN A/L KANDASAMY

Citation

BL-83D-1364-10/2018 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BL-83D-1364-10/2018 (Mahkamah Majistret)

The court found the prosecution proved chain of custody, identity and weight of the drugs and that the accused physically produced the drug packets from his own jeans pocket such that custody, control and knowledge were established beyond reasonable doubt; defence account failed to raise reasonable doubt; conviction followed on all three charges under the specified sections of the Dangerous Drugs Act 1952.

Malaysia Case Law

STANLEY JOE A/L ALFRED Murallitharan S/o Ramaru

SUAIB BIN THANDI BUHARI BIN ASMAWIN

THOLASITHASAN A/L KANDASAMY