Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Adverse inference (non‑production of evidence)

Legal area

Court

9 Jul 2025

MUNIAMAH A/P RAMAN Kerajaan Malaysia

Citation

AA-21NCvC-5-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-21NCvC-5-03/2020 (Mahkamah Tinggi)

The court held that defendants, including prison and police officers, breached statutory and common law duties owed to the deceased in custody by failing to provide timely medical treatment, maintain records, notify next‑of‑kin and by suppressing evidence; the conduct satisfied the elements of misfeasance in public office and engaged vicarious liability of the Government. An adverse inference was warranted for non‑production of CCTV. Judgment entered for plaintiff and quantified damages awarded as set out in orders.
29 Jul 2024

1. ) AFRIZAL ISHA ADAM 2. ) HENDRI SIPARMI 3. ) M. ADAM ABDULLAH

Citation

KA-45A-9-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-9-03/2021 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case because material doubt existed on the arrest location (absence of GPS images and inconsistent timeline), significant unexplained discrepancies and gaps in the chain of custody and weights of the drug exhibits, and absence of evidence proving knowledge/possession by the accused; those defects, unremedied, mandate discharge without calling the accused to answer.