28 Oct 2021
MOHD ZAMRI BIN IBADULLAH (NO. K/P: 8505147-03-6139)
- Citation
- DA-42H-10-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-42H-10-03/2020 (Mahkamah Tinggi)
The conviction could not stand because serious procedural irregularities undermined a fair trial: the medical certificate/report regarding fitness was not placed in evidence despite remand for psychiatric examination (ss342–343), the statutory and protective requirements for use of a written witness statement under s402B (14‑day service and meaningful consent) were not satisfied for an unrepresented and possibly mentally impaired accused, and the trial judge failed to discharge duties under s257; in conjunction the appellant proffered a lawful purpose for possession supported by evidence (coc…