6 Mar 2024
MOHD ISA BIN ABDUL SAMAD [ ]
- Citation
- W-05(SH)-28-02/2021 (Mahkamah Rayuan)
- Court
- SH
- Case number
- W-05(SH)-28-02/2021 (Mahkamah Rayuan)
Convictions on nine counts under s16(a)(A) MACCA were unsafe and set aside because the prosecution failed to prove the essential allegation as charged (that gratification was a reward for appellant assisting to obtain FICSB approval). The prosecution materially shifted its narrative at trial toward an inducement to prevent interference, creating variance with the particulars of the charges and prejudicing the defence; the trial judge misapplied s50(1) MACCA and drew inferences unsupported by credible evidence (notably inconsistent testimony of SP21 and absence of evidence that appellant direc…