Malaysia Case Law: Decisions & Judgments

Topic

Adverse inference s.114 evidence act

Legal area

Court

11 Nov 2024

MOHAMMAD FIRDAUS BIN SAAD

Citation

KA-45A-9-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-9-02/2022 (Mahkamah Tinggi)

Although prosecution initially established a prima facie case on identity and proximity/possession, contradictions and material non-disclosure in police evidence—specifically conflicting police reports and unexplained contemporaneous arrests that undermined SP5's credibility—and the prosecution's reliance solely on SP5 without clarifying those material discrepancies raised reasonable doubt; therefore the accused was acquitted and discharged.
25 May 2023

1. ) PERAYANAN CHANDRASEGARAN 2. ) P SARTHA 1. ) Raman A/l Othayanan 2. ) Pathmavathi A/p Sekaran

Citation

JA-22NCvC-250-12/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-250-12/2018 (Mahkamah Tinggi)

Plaintiffs failed to prove, on the balance of probabilities, that the alleged cash loans were delivered to defendants; key witnesses and pawnshop evidence were not produced and an adverse inference was drawn; contemporaneous documents were ambiguous and not self-explanatory; the documents evidenced interest and thus the transactions amounted to unlicensed moneylending under the Moneylenders Act 1951 making the loan documents void and public policy barred restitution, therefore the claim was dismissed with costs.
22 Sept 2021

ONG SWEE AN [Jabatan Peguam Negara]

Citation

P-05(M)-461-10/2019 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-461-10/2019 (Mahkamah Rayuan)

The Court accepted the trial judge's credibility findings that the raiding officer's evidence established the appellant's physical possession and knowledge of the drugs found in the bag; statutory presumptions of trafficking applied to the two large-quantity charges; CCTV evidence was properly excluded for lack of s.90A compliance and maker testimony; non-calling of the car owner did not attract s.114(g) adverse inference because ownership was not a fact in issue and nexus between car and drugs was not credibly established; accordingly convictions and sentences were affirmed.

Malaysia Case Law

MOHAMMAD FIRDAUS BIN SAAD

1. ) PERAYANAN CHANDRASEGARAN 2. ) P SARTHA 1. ) Raman A/l Othayanan 2. ) Pathmavathi A/p Sekaran

ONG SWEE AN [Jabatan Peguam Negara]