Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of recorded interview
  • 16 Dec 2020

    [ ] Muhammad Shan Bin Abdullah

    Citation
    AA-42LB-1-03/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-42LB-1-03/2019 (Mahkamah Tinggi)

    Appellate court held that on maximum evaluation of the prosecution case a prima facie case existed: the victim's consistent CIC testimony coupled with eyewitness PW2 and mother’s disclosure sufficiently identified the victim and established the sexual touching; omissions as to precise date/time and minor name discrepancies did not prejudice the accused or vitiate the charge because date/time were not essential; the recorded interview was admissible despite lack of certification because the recording officer testified and statutory and evidential provisions permit admission; therefore the Sess…