19 Feb 2020
YAHYA HUSSEIN MOHSEN ABDULRAB
- Citation
- S-05-12-01/2015 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- S-05-12-01/2015 (Mahkamah Rayuan)
The Court quashed the conviction and set aside the sentence because the trial counsel's overall conduct was flagrantly incompetent — failing to raise, pursue and corroborate the appellant's central defence (that a third party provided the briefcase and the appellant lacked knowledge), thereby depriving the appellant of a fair trial and causing a miscarriage of justice; the appropriate remedy is a retrial before a different High Court Judge rather than an acquittal.