5 Dec 2019
ZAINURIN BIN JOHARI
- Citation
- WA-41LB-15-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-41LB-15-11/2018 (Mahkamah Tinggi)
The High Court dismissed the prosecution appeals: it found the Magistrate acted within her judicial discretion under section 254 CPC to acquit and discharge the accused because the prosecution repeatedly failed to produce the victim and gave no satisfactory explanation after prolonged delay causing prejudice; further the appeals were incompetent because the High Court was obliged by section 95(3) of the Child Act 2001 to deliver its final decision within 12 months of the notice of appeal and that period had elapsed, rendering the appeal procedurally barred.