12 Jul 2023
SYAMSUL MUHAIYUDIN BIN MUSA
- Citation
- WA-42JSKS(A)-2-09/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- WA-42JSKS(A)-2-09/2022 (Mahkamah Tinggi)
The employer attendance records and affidavit constituted fresh credible evidence that could not have been obtained at trial, were directly relevant to the accused's alibi and, when taken with existing evidence, would have raised reasonable doubt; prosecution also failed to exclude the possibility that others had access to the room/router, rendering the charge unsustainable – accordingly conviction could not stand and accused must be acquitted and discharged.