15 Jun 2020
1. YUGARAJAN A/L LETCHIMANASAMY 2. PUSHPANATHAN A/L RAJAN
- Citation
- K-05(M)-235-04/2018 & K-05(M)-237-04/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- K-05(M)-235-04/2018 & K-05(M)-237-04/2018 (Mahkamah Rayuan)
The appeal is allowed because the trial judge improperly relied on concurrent presumptions of possession and trafficking in breach of Federal Court authority (Alma Nudo), s.37A cannot validate double presumptions, the prosecution's failure to make available the offered agent provocateur witness prejudiced the defence and invited adverse inference, and the trial court failed to make any finding on common intention; these defects render convictions and death sentences unsafe and require setting aside and acquittal.