Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Forensic evidence authenticity
  • 31 May 2022

    TONY VISHNU A/L NAGAMAIAH

    Citation
    WA-83-458-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-83-458-01/2021 (Mahkamah Majistret)

    The prosecution failed to establish a prima facie case on the charge of criminal intimidation because (a) material contradictions and inconsistencies existed between the complainant's evidence, the investigating officer's evidence and documentary exhibits; (b) photographic evidence was unauthenticated and forensic report could not verify originals; (c) the alleged threatening letter was not produced or forensically linked to the accused; (d) the charge lacked clear particulars identifying the actus reus and mens rea alleged; and therefore the accused was lawfully discharged and acquitted unde…