21 Oct 2019
CHEN SIEW KONG
- Citation
- 41LB-36-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 41LB-36-05/2019 (Mahkamah Tinggi)
The High Court upheld the magistrate’s discharge and acquittal because the prosecution failed to establish a prima facie case: identification of the respondent was unreliable (pre-parade WhatsApp image and long delay), complainant’s account conflicted materially with medical evidence rendering him not credible, and prosecution’s failure to call two material eyewitnesses created an evidential gap permitting adverse inference; no legal error was shown to justify disturbing the magistrate's factual findings.