Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Identification parade procedure

  • 28 Oct 2022

    [ ] Vignes A/l Valamarajah

    Citation
    BA-45B-20-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45B-20-07/2020 (Mahkamah Tinggi)

    The prosecution failed to establish a prima facie case because the identity of each accused was not satisfactorily proven: the principal eyewitness denied the first accused was the person at the scene, the second accused was not identified according to Turnbull standards and later died in custody, and the third accused’s identification was undermined by identical twin ambiguity and procedurally defective ID parades; these defects, together with inconsistent witness accounts and lack of corroborative forensic or medical evidence, mandated acquittal.

  • 7 Oct 2020

    PENDAKWARAYA PUBLIC PROSECUTOR NAVIEN A/L RAJAN

    Citation
    62RS – 04 – 03 – 09/2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    62RS – 04 – 03 – 09/2019 (Mahkamah Sesyen)

    No prima facie case was established because the sole identification evidence was of poor quality (brief observation, darkness, helmet/visor, situational stress, delay), the identification parade was tainted by prior photographic exposure and procedural defects and thus provided no corroborative value, there was no independent supporting evidence linking accused to the offence (no weapon, no corroborating witnesses or motorcycle details), and dock identification therefore had no value; accordingly the accused was acquitted at the close of the prosecution case.