10 Feb 2022
SATISH A/L MOHANADRAN PUBLIC PROSECUTOR
- Citation
- M-05(M)-509-10/2018 (Mahkamah Rayuan)
- Court
- M
- Case number
- M-05(M)-509-10/2018 (Mahkamah Rayuan)
The convictions were unsafe and overturned because prosecution evidence was internally conflicted and compromised by impeachment proceedings that preserved the spouse's credibility, the prosecution failed to exclude access by a third party occupier (Vicky), the trial judge misapplied presumptions under s.37 by relying on them alongside findings of actual possession, and the trial judge failed to consider material defence evidence under s.182A CPC; therefore reasonable doubt existed and appellant must be acquitted.