28 Nov 2025
ONG SOON LEONG
- Citation
- WA-83-1713-02/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-83-1713-02/2023 (Mahkamah Majistret)
The magistrate discharged the accused because the prosecution failed to establish a prima facie case: critical gaps included absence of evidence identifying who conducted the EBA II test, lack of identification of the accused by the breath test operator, failure to call or explain the role of Sarjan Mohd Ruslan giving rise to an adverse inference under s114(g) Evidence Act, material contradictions between witnesses as to the number and custody of EBA slips and whether a slip was handed to the accused, and a deficient investigation by the IO; these deficiencies together prevented a reasonable…