12 Nov 2024
1. ) Mohamad Fadzil Voon bin Fandi Voon 2. ) Saiful Azhar bin Ismail 3. ) Muhamad Izrul bin Ismail
- Citation
- KA-42(R)(A)-3-01/2022 (Mahkamah Tinggi)
- Court
- R
- Case number
- KA-42(R)(A)-3-01/2022 (Mahkamah Tinggi)
The appeal was allowed because the successor Sessions Judge materially misdirected himself by adopting a predecessor's draft without independently considering the prosecution evidence as required by s173(f) and s261; that misdirection could not be cured under s422 CPC. Separately, the prosecution failed to call or offer the material witness Muhammad Mustaqim, raising a legitimate adverse inference under s114 Evidence Act and undermining the existence of a prima facie case. Consequentially convictions and sentences were set aside and the respondents acquitted and discharged; the prosecution's…