Malaysia Case Law: Decisions & Judgments

Topic

Witness identification

Legal area

Court

30 May 2024

MOHD FAUZI BIN ABU BAKAR

Citation

KA-41LB-6-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

KA-41LB-6-12/2023 (Mahkamah Tinggi)

Appeal dismissed because the prosecution failed to establish a prima facie case: identification evidence was unreliable (fleeting sighting, poor lighting, goggles, flawed kawad cam with non‑compliant participants and no supporting forensic evidence), and an unamended incorrect charge date caused confusion and prejudice to the respondent’s defence, together rendering conviction unsafe; magistrate’s discharge and acquittal therefore upheld.
1 Mar 2022

1. ) OOI KHAI SHEN 2. ) SITI FAIRUZ BINTI MOHD ABU

Citation

AB-62RS-7-09/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AB-62RS-7-09/2020 (Mahkamah Sesyen)

The prosecution failed to prove a prima facie case under sections 395/397 Kanun Keseksaan because the complainant's evidence contained material inconsistencies, crucial investigative steps were not taken, there was no reliable eyewitness corroboration and the exhibits did not cure the gaps; accordingly both accused were discharged and acquitted without being called to enter defence.
17 Dec 2019

PENDAKWARAYA PENDAKWARAYA NAVANITAM A/P VELLAUTHAM

Citation

46SOM-01-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

46SOM-01-10/2017 (Mahkamah Tinggi)

On the evidence of multiple witnesses, documentary exhibits and supervisory practice, the court found that the accused, acting as the receiving immigration officer, processed passport applications using Malaysian identities for Sri Lankan migrants, had knowledge or reason to believe the entries/exits were unlawful, and provided the requisite assistance to facilitate migrant smuggling under s.26A ATIPSOM; the defence denial failed to raise reasonable doubt, therefore conviction was proper.

Malaysia Case Law

MOHD FAUZI BIN ABU BAKAR

1. ) OOI KHAI SHEN 2. ) SITI FAIRUZ BINTI MOHD ABU

PENDAKWARAYA PENDAKWARAYA NAVANITAM A/P VELLAUTHAM