17 Dec 2020
PENDAKWARAYA KIONG CHIAT SENG
- Citation
- PA-41S-1-01/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-41S-1-01/2018 (Mahkamah Tinggi)
The appeal was allowed because the prosecution failed to prove beyond reasonable doubt that the appellant's vehicle caused the victim's death. Material uncertainty arose from incomplete and inconclusive CCTV footage, unexplained investigatory conclusions by the investigating officer, and the prosecution's failure to call other drivers allegedly involved (creating a fatal gap). The magistrate did not perform the required maximum evaluation at the close of the prosecution's case; therefore a prima facie case was not established and the conviction could not stand.