Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Witness credibility and demeanour

  • 11 May 2023

    MOHD FAIZA RIZZA BIN MOHD ROPI [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    CB-42JSKS-5-11/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42JSKS-5-11/2021 (Mahkamah Tinggi)

    Appeal allowed and conviction quashed because the session court judge's acceptance of the complainant's evidence was unsafe: judge relied on CRT recordings for demeanour without contemporaneous notes as required by s271 CPC, failed to properly test inconsistencies and defence evidence against the whole case, and did not amend the charge when the proven facts pointed to a different limb of s14 thereby depriving accused of procedural opportunity; consequently the conviction was unsafe and set aside.

    • Sexual assault on a child (s14)
    • Mens rea prescription
    • Witness credibility and demeanour
    • Sufficiency of charge
    • Trial irregularity and amendment of charge

  • 2 May 2023

    MOHD SHAHRIZAN BIN MD ESA [Timbalan (TPR), Jabatan Peguam Negara]

    Citation
    CB-42JSKS-6-12/2021 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    CB-42JSKS-6-12/2021 (Mahkamah Tinggi)

    Successor judge who relied solely on written notes/transcripts without personally observing a crucial witness (complainant) whose demeanour and credibility were central thereby risked materially prejudicing the accused; under s.261 CPC the appropriate exercise of discretion required ordering a de novo trial (or recalling witnesses), and therefore convictions based on that exercise were set aside and a new trial ordered.

    • De novo trial
    • Section 261 cpc discretion
    • Prima facie assessment
    • Delay in judgment
    • Witness credibility and demeanour