30 Sept 2021
MAZLAN BIN MAT NAPIAH PUBLIC PROSECUTOR
- Citation
- JB-41S-6-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-41S-6-07/2019 (Mahkamah Tinggi)
The High Court held the prosecution proved the elements of cheating under s.420 Penal Code beyond reasonable doubt by direct evidence (victim and intermediary witnesses, bank-in slip, supporting documents); the absence of investigation into two phone numbers and absence of a s.90A certificate did not fatally undermine the case because viva voce identification and other corroborative evidence established authenticity; missing peripheral witnesses did not invite adverse inference; delay in Magistrate's grounds caused no prejudice; conduct of falsely invoking the judiciary to procure payment was…