Double acquittal ..

Posted by Lawyer Harris on 15:09 with No comments
Balasamy a/l Muthu was charged under Section 41(1) of the Road Traffic Act, 1987. Balasamy was said to have driven a motor lorry at a speed which was dangerous to the public and causing the death of one Sulaiman bin Hussin aged 67 at the time of death.

On 26/05/2017, the court held that the prosecution failed to establish a prima facie case and Balasamy was acquitted without his defence being called. The prosecution appealed and the High Court Temerloh allowed the appeal. Hence, the matter was sent back to the Magistrate'e Court, Kuala Lipis for purposes of the accused stating his Defence.

Balasamy gave evidence and also called the widow of the deceased to give evidence on his behalf. 

Today, 07/07/2018, Balasamy was again acquitted when the Court found that Balasamy had successfully raised reasonable doubts in the prosecution's case.

Another feather in the cap...