28 Oct 2019
PENDAKWARAYA TPR- Tuan Muhammad Syafiq Bin Mohd Ghazali SAM KE TING (diwakili Peguambela Encik Faizal Bin Mokhtar)
- Citation
- 83J-22-03/2017 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- 83J-22-03/2017 (Mahkamah Majistret)
At close of the prosecution case, after maximum evaluation of all prosecution evidence the court found fatal defects: identity of the driver was not conclusively established; material and irreconcilable inconsistencies existed in witness and investigation records; police investigation was incomplete and prejudicial; expert reports yielded multiple inferences (including a speed consistent with compliance) and forensics had methodological weaknesses. Those failures left no reliable prima facie case on the elements of s.41(1), therefore accused must be discharged and released without being calle…