5 Sept 2021
YAHYA HUSSEIN MOHSEN ABDULRAB PUBLIC PROSECUTOR
- Citation
- 05(M)-43-04/2020(S) (Mahkamah Persekutuan)
- Court
- M
- Case number
- 05(M)-43-04/2020(S) (Mahkamah Persekutuan)
On an objective assessment the trial counsel's failures were flagrantly incompetent and deprived the appellant of his constitutional right to a fair trial; the additional evidence on appeal corroborated the appellant's defence and rebutted the statutory presumption of knowledge under section 37(d) DDA on the balance of probabilities; the conviction was therefore unsafe and was quashed with the appellant acquitted and discharged; a retrial was inappropriate given the prolonged incarceration and prejudice to the appellant.