12 Nov 2024
Kamaruzaman bin Hashim
- Citation
- KA-42S-4-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-42S-4-12/2021 (Mahkamah Tinggi)
Appeal allowed and convictions set aside because the successor Sessions judge materially misdirected himself by merely adopting and reading the predecessor's draft reasons without independently considering whether the prosecution had established a prima facie case under s173(f) CPC; that misdirection was substantive and not curable under s422 CPC. Independently, prosecution failed to call or offer material witness Muhammad Mustaqim, warranting an adverse inference under s114 Evidence Act and undermining the prosecution's case; accordingly no sustainable prima facie case existed and appellants…