8 Aug 2021
PENDAKWARAYA Sugundan A/L Nadarajah
- Citation
- JG-83-352-12/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JG-83-352-12/2019 (Mahkamah Majistret)
Prosecution failed to prove a prima facie case under s43 Societies Act 1966 because the expert's opinion was a bare, unsupported conclusion inconsistent with independent scientific and historical evidence on the swastika and unsupported by corroborative investigative material (eg. forensic analysis of seized phones or other independent links), leaving two competing inferences where the one favourable to the accused must be preferred; accused discharged and acquitted without being called to enter defence.