Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidence - prima facie
  • 12 Nov 2021

    1. ) WONG CHEE KONG 2. ) LAM CHAI YIN PENDAKWARAYA

    Citation
    BA-42S-46-10/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-46-10/2019 (Mahkamah Tinggi)

    The High Court held the prosecution had established a prima facie case of trafficking for the purpose of exploitation/forced labour under Section 12 ATIPSOM based on cumulative evidence (withheld wages recharacterised as loans, passport retention, excessive hours, denial of leave, restricted communication and physical abuse); the trial judge properly assessed the defence and there was no legal or factual error warranting disturbance of the convictions or sentences, so convictions and sentences were affirmed.