27 Dec 2024
Teoh Kiang Hong Theow Say Kow @ Teoh Kiang Seng, Henry
- Citation
- 02(f)-23-04/2021(P) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-23-04/2021(P) (Mahkamah Persekutuan)
Federal Court allowed the consolidated appeals, held there is no special procedural rule for in-trial recantation, Khoon Chye Hin approach applies (scrutinise but do not automatically reject whole evidence), the onus to prove forgery lies on the party alleging it, trial judge's assessment of witnesses and documents (including attesting solicitor and private expert evidence) was not plainly wrong and must be reinstated; therefore Court of Appeal's reversal was unsustainable.