28 Oct 2019
83J-22-03/2017 (Mahkamah Majistret)
- Citation
- 83J-22-03/2017 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- 83J-22-03/2017 (Mahkamah Majistret)
The prosecution failed to establish a prima facie case on all essential ingredients: identity of the driver was not proved beyond reasonable doubt; evidence of dangerous driving was undermined by credible alternative inferences (including that the collision was precipitated by a large unlawful gathering of modified 'basikal lajak' across lanes, limited sight distance due to a crest, inadequate warnings, and functioning vehicle safety systems); material investigative failures and conflicting prosecution diagrams/reports (police sketches, MIROS and forensic marks) created reasonable doubt. On m…