19 Feb 2024
ONG KEH KEONG [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- BA-42K-3-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-42K-3-03/2021 (Mahkamah Tinggi)
Conviction is unsafe and must be set aside because the appellant was materially prejudiced: different judges heard the prima facie and defence stages without a full de novo hearing or adequate reasons; HMS2 failed to personally assess demeanour and credibility of prosecution witnesses and contemporaneous documentary evidence and refused to allow recall of key prosecution witnesses without reasons; these defects denied the appellant a fair trial.