Malaysia Case Law: Decisions & Judgments

Topic

Admissibility of prior statements

Legal area

Court

18 Mar 2026

MOHD KHAIRUL FAZLIE BIN ABU BAKAR

Citation

BL-45A-1-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BL-45A-1-02/2024 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case because it did not prove exclusive possession, control or knowledge: the seized drugs were in a common area accessible to six other occupants; key and accused's conduct were insufficient without forensic linkage; recordings of absent Myanmar witnesses were inadmissible because prosecution did not take reasonable steps to secure their attendance; investigatory gaps (no fingerprint/DNA, failure to call witnesses) made the prosecution case unsafe; accused therefore discharged and acquitted.
7 Sept 2023

Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-44-151-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-151-09/2022 (Mahkamah Tinggi)

The High Court held it had jurisdiction under Section 323 CPC to revise the Sessions Court's prima facie finding; the Sessions Judge's acceptance of the prior written statements over the witnesses' in‑court testimony was perverse and amounted to a gross irregularity causing miscarriage of justice; accordingly the Sessions Court finding was set aside and replaced with an acquittal and discharge without calling the accused to enter their defence.
24 Jul 2022

ESWARAN A/L P. NAGALINGAM 1. ) HEW HENG YI 2. ) MOHAMAD FARIZAL BIN MD ROSLI

Citation

JA-A53KJ-196-03/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-196-03/2020 (Mahkamah Sesyen)

The court found defendants' accounts more probable based on consistency between their testimonies, vehicle damage patterns and police investigation; plaintiff failed to discharge onus to prove defendants encroached into his lane and was therefore 100% negligent for entering the oncoming lane while overtaking; accordingly plaintiff's claim is dismissed with costs.

Malaysia Case Law

MOHD KHAIRUL FAZLIE BIN ABU BAKAR

Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

ESWARAN A/L P. NAGALINGAM 1. ) HEW HENG YI 2. ) MOHAMAD FARIZAL BIN MD ROSLI