Malaysia Case Law: Decisions & Judgments

Topic

Impeachment of witnesses

Legal area

Court

18 Feb 2022

En. Alex Nandaseri De Silva, Cik Quek Yiing Huey, En. Amrit Pal Singh, Cik Angeline Tay Lee Yin & En. Ng Jun Wei. (Tetuan Bodipalar Ponnudurai De Silva Advocate & Solicitors) Pn. Izalina binti Hj. Abdullah & Pn. Nur Ashikin binti Mokhtar (T

Citation

WA-41(Ors)-4-07/2020 (Mahkamah Tinggi)
Court

Ors
Case number

WA-41(Ors)-4-07/2020 (Mahkamah Tinggi)

The Magistrate erred: where a prosecution witness's s112 CPC statement is offered to the defence after close of the prosecution case, the court may order disclosure under s51 CPC if the twin requirements of necessity and desirability are met; police statements of such offered witnesses are not automatically privileged in this context and English common law disclosure principles apply via s5 CPC; on the facts (advanced age of witness, relevance, potential futility of interview) disclosure of Maurice's s112 statement must be ordered and may be used for impeachment under s113(2).
10 Feb 2022

SATISH A/L MOHANADRAN PUBLIC PROSECUTOR

Citation

M-05(M)-509-10/2018 (Mahkamah Rayuan)
Court

M
Case number

M-05(M)-509-10/2018 (Mahkamah Rayuan)

The convictions were unsafe and overturned because prosecution evidence was internally conflicted and compromised by impeachment proceedings that preserved the spouse's credibility, the prosecution failed to exclude access by a third party occupier (Vicky), the trial judge misapplied presumptions under s.37 by relying on them alongside findings of actual possession, and the trial judge failed to consider material defence evidence under s.182A CPC; therefore reasonable doubt existed and appellant must be acquitted.
8 Sept 2020

PENDAKWARAYA Puan Nur Farah Adilah binti Nordin 1. ) Yap Eng Hoe 2. ) Jerael Tan Chang Ngiap

Citation

WA-62JS-14-07/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62JS-14-07/2019 (Mahkamah Sesyen)

The court held the prosecution adduced credible evidence establishing all elements of an offence under s373(1)(a) Penal Code (keeping/managing a brothel) read with s34 (common intention); the premises constituted a brothel; accused YAP ENG HOE and JERAEL TAN CHANG NGIAP were found to have managed/assisted management and were convicted and sentenced to six years' imprisonment from 8 September 2020.
29 Jul 2020

ZALIMAN BIN ZAKARIA PUBLIC PROSECUTOR

Citation

P-05(SH)-84-02/2019 (Mahkamah Rayuan)
Court

SH
Case number

P-05(SH)-84-02/2019 (Mahkamah Rayuan)

On the evidence the appellant had custody, control and knowledge of the drugs in both the sling bag and the vehicle so convictions on both charges are safe; a witness's prior statement may be used to impeach without proof of voluntariness and a material unexplained contradiction warrants expunging that witness's evidence in toto; section 39B(2A)(d) is a mandatory precondition (and requires certification by the Public Prosecutor) before a court may impose life imprisonment and whipping instead of death, and the trial judge failed to satisfy that mandatory requirement so the life sentence was s…

Malaysia Case Law

En. Alex Nandaseri De Silva, Cik Quek Yiing Huey, En. Amrit Pal Singh, Cik Angeline Tay Lee Yin & En. Ng Jun Wei. (Tetuan Bodipalar Ponnudurai De Silva Advocate & Solicitors) Pn. Izalina binti Hj. Abdullah & Pn. Nur Ashikin binti Mokhtar (T

SATISH A/L MOHANADRAN PUBLIC PROSECUTOR

PENDAKWARAYA Puan Nur Farah Adilah binti Nordin 1. ) Yap Eng Hoe 2. ) Jerael Tan Chang Ngiap

ZALIMAN BIN ZAKARIA PUBLIC PROSECUTOR