Malaysia Case Law: Decisions & Judgments

Topic

Witness credibility assessment

Legal area

Court

10 May 2023

MARIAM BEEVI BINTI M. SULTAN ALAUDIN

Citation

WA-83-650-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-83-650-01/2022 (Mahkamah Majistret)

Prosecution failed to produce primary documents (original passports) or admissible secondary evidence linking visa numbers in P2 to originals; P2 is only a summary prepared by PW1 and lacks independent verification; PW1 was inconsistent and uncorroborated; therefore prosecution did not prove the essential element of deception beyond reasonable doubt and failed to establish a prima facie case under s420, warranting acquittal at close of prosecution.
27 Feb 2023

ABD WAHAB BIN SAID [Timbalan (TPR), Jabatan Peguam Negara]

Citation

T-05(SH)-332-09/2020 (Mahkamah Rayuan)
Court

SH
Case number

T-05(SH)-332-09/2020 (Mahkamah Rayuan)

The Court of Appeal found the High Court correctly evaluated the evidence and witnesses, concluded the appellant had actual possession of the drugs in both the house and vehicle (keys and proximity), and that statutory presumption of trafficking applied given the quantities; the framing allegation was not established and the defence was an afterthought, hence convictions and sentences are safe and were affirmed.
22 Sept 2021

ONG SWEE AN [Jabatan Peguam Negara]

Citation

P-05(M)-461-10/2019 (Mahkamah Rayuan)
Court

M
Case number

P-05(M)-461-10/2019 (Mahkamah Rayuan)

The Court accepted the trial judge's credibility findings that the raiding officer's evidence established the appellant's physical possession and knowledge of the drugs found in the bag; statutory presumptions of trafficking applied to the two large-quantity charges; CCTV evidence was properly excluded for lack of s.90A compliance and maker testimony; non-calling of the car owner did not attract s.114(g) adverse inference because ownership was not a fact in issue and nexus between car and drugs was not credibly established; accordingly convictions and sentences were affirmed.

Malaysia Case Law

MARIAM BEEVI BINTI M. SULTAN ALAUDIN

ABD WAHAB BIN SAID [Timbalan (TPR), Jabatan Peguam Negara]

ONG SWEE AN [Jabatan Peguam Negara]