27 Apr 2021
ROSLI BIN YUSOF
- Citation
- 05(M)-226-10/2019(P) (Mahkamah Persekutuan)
- Court
- M
- Case number
- 05(M)-226-10/2019(P) (Mahkamah Persekutuan)
Prosecution has a duty to make available to the defence witnesses who were investigated and from whom statements were recorded unless there is a good reason not to call them; failure to offer such witnesses to the defence, unexplained and when their evidence is material to the defence, constitutes a denial of a fair trial and justifies setting aside a conviction. Applying that principle the Federal Court allowed the appeal, set aside the conviction and death sentence under s39B(1)(a) DDA 1952 and substituted a conviction for possession under s6 DDA punishable under s39A(2), with sentence of 1…