Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Duty to call material witnesses

Legal area

Court

31 Jul 2025

[ ] MOHD SHAZNAS BIN MAT NASIR

Citation

DF-82D-6-08/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DF-82D-6-08/2023 (Mahkamah Majistret)

The prosecution failed to prove a prima facie case of possession because it did not exclude the possibility of access by other occupants, relied on hearsay statements instead of calling material witnesses (mother and other household members), and depended on police evidence that was weakened by memory lapses after eight years; accordingly the accused was discharged and freed without being called to enter defence.
24 Jul 2025

MUHAMMAD FAIZ NAJMI BIN MOHAMAD YUSOF

Citation

TA-83D-533-04/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-83D-533-04/2024 (Mahkamah Majistret)

The accused was discharged because the prosecution failed to establish a prima facie case: material contradictions among prosecution witnesses, CCTV evidence undermining the asserted manner and timing of discovery, and failure to call a material witness (Kpl Azrul) destroyed the credibility of the prosecution's case on possession and knowledge of the drug.