Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Failure to call material witnesses

Legal area

Court

13 Feb 2024

KRISHNA KUMAR A/L JAYARAM

Citation

WA-83-4500-05/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-4500-05/2023 (Mahkamah Majistret)

The prosecution failed to prove a prima facie case under sections 415/417 Penal Code because (a) material contradictions and unproven ownership/usage of the user IDs undermined key assertions, (b) primary documentary and bank/finance evidence were not produced or authenticated and secondary evidence was not properly proved, and (c) police investigation omitted material witnesses and reports; consequently the accused was rightly discharged and acquitted at close of prosecution.
12 Aug 2021

PENDAKWARAYA Pendakwaraya Inthiran A/l Rajendran

Citation

BA-45A-72-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-72-08/2019 (Mahkamah Tinggi)

The prosecution failed to prove a prima facie case because although the substance was chemical-analytically established as methamphetamine weighing 16,599.8g, the evidence did not establish that the accused had possession and knowledge of that substance: the drugs were concealed in multiple layers, the accused was a passenger while the deceased/co-accused controlled the vessel, there was no evidence linking the accused to the container, and material investigative deficiencies and the prosecution’s failure to call or secure material witnesses (owner Madhavan) and forensic evidence (fingerprint…