Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Recovery memo/seizure procedure
  • 8 Aug 2025

    Zaidi Bin Dali

    Citation
    AA-42R(A)-4-10/2022 (Mahkamah Tinggi)
    Court
    A
    Case number
    AA-42R(A)-4-10/2022 (Mahkamah Tinggi)

    Recordings were inadmissible for lack of mandatory s43(4) certificate; absence of recovery memo broke the evidential chain for the alleged RM7,000 receipt; investigatory conflicts and unexplained delay/omissions by the complainant further undermined credibility; s50(1) presumption was misapplied because foundational proof of receipt was not established. Accordingly convictions under ss17(a) and 16(a)(B) were unsafe and were set aside leading to acquittal and discharge of appellants.