23 May 2023
Norul Ezwan Bin Nasir
- Citation
- WA-42(R)(A)-2-05/2022 (Mahkamah Tinggi)
- Court
- R
- Case number
- WA-42(R)(A)-2-05/2022 (Mahkamah Tinggi)
Prima facie case was established as determined by the appellate High Court order calling the accused to defend; the statutory presumption under s.50(1) ASPRM applied once prosecution proved the request/receipt of RM100 (marked money and recorded conversation); the accused failed to rebut that presumption on the balance of probabilities given inconsistent, uncorroborated denials and conduct evidence (phone records, trapping and recovery of marked money); therefore conviction and sentence by the Sessions Court were upheld.