27 Jul 2021
1. JUSTIN SAUTEH 2. GILBERT GUNTARAK DANIEL ANSARA BIN MD TOP
- Citation
- JA-12B-47-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-47-07/2020 (Mahkamah Tinggi)
The appellate court found the Sessions Judge erred by over-weighting the non-attendance of P1 and the exclusion of his police report, failing to appreciate silent evidence (location of debris and vehicle damage), and failing to disregard the defendant's oral evidence which materially departed from his pleaded defence; on the proper appreciation of evidence the defendant was negligent and 100% liable for the collision.