21 Oct 2021
MUHAMMAD HAFIZ MUKRIMIN BIN ABDULKEH@NORHISYAMUDDIN
- Citation
- W-05(M)-438-12/2020 & W-05(M)-439-12/2020 (Mahkamah Rayuan)
- Court
- M
- Case number
- W-05(M)-438-12/2020 & W-05(M)-439-12/2020 (Mahkamah Rayuan)
The Court allowed the appeal because the trial judge materially misdirected by failing to consider central defence evidence (Exhibits D74/D75 and SD2's unchallenged testimony), by overlooking inconsistent prosecutorial positions about the informant, and by failing to require or note basic investigative steps (notably phone analysis) that could have established the existence and role of an independent trafficker 'Pok Ya'; those omissions, combined with improper reliance on signature on the search form and an unsustainable application of wilful blindness, rendered the convictions unsafe and the…