23 Jan 2025
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB
- Citation
- CB-45-4-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45-4-03/2022 (Mahkamah Tinggi)
Prosecution failed to make out a prima facie case under section 180 CPC because, while the chemical analysis and seizure evidence were credible, investigative deficiencies and omission to produce or properly investigate a material witness (Anuar) created a material lacuna in proof of possession, control and knowledge; lack of effort to secure the witness and lack of his inclusion in investigative records justified drawing an adverse inference under s114(g) Evidence Act against the prosecution; the informer’s protection under s40 did not extend to concealment of other material witnesses; accor…