A former Malaysian Crime Watch Task Force (MyWatch) chairman R Sri Sanjeevan has won his last appeal against the conviction he received for blackmailing an entrepreneur years ago.
Three-member Court of Appeal panel chaired by Justice Ahmad Nasfy Yasin said Sanjeevan 38, who was denied an impartial trial, which resulted in a wrongful miscarriage of justice.
The reason for this is that the prosecution was not able to invite seven witnesses present at the scene to give evidence, nor were they provided to Sanjeevan after he was compelled to defend himself,report by slot machine online.
The verdict is unjust and must be struck down as the judge stated. Nasfy who was sitting with justices Ahmad Zaidi Zainal and Mariana Yahya, said the High Court also erred when ruling in favor of a magistrate, who incorrectly placed a heavier burden of evidence on Sanjeevan.
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The magistrate ruled that Sanjeevan had for proof using the basis of a probability balance. But lawyer V Sithambaram had earlier this morning that the defense needed only to raise an unfounded doubt about defense of the prosecutor's argument. We consider the greater burden on the appellant is fatal, he said.
Nasfy stated that the identity of Sanjeevan in the dock by witnesses from the prosecution during the trial was uncertain. (That) isn't a positive identification, he added.
Sithambaram who helped with S Preakas and Miguel Sequerah He had claimed that there was no parade of identification was held. Nasfy added that the officer investigating the case did not take an account from Sanjeevan or investigate the matter.
On April 28 Sanjeevan received permission from the Court of Appeal to hear the issues raised by his appeal following nine legal issues were considered. The leave was required because this matter was originally brought before the magistrates court. On the 14th of August in 2018 the magistrates' court in Temerloh handed down a sentence of Sanjeevan to 3 months in prison as well as a fine of RM7,700 for ruling that he had committed a crime of the extortion of RM1,500 from businessman Leong Kwan.
Sanjeevan was reported to have informed Chan that he wouldn't be able to manage his company if he didn't pay. Sanjeevan and an entrepreneur, was accused to be the culprit in the Triang Commercial Centre in Bera, Pahang at 9.45pm on July 1st the 1st of July, 2013.
He was accused with a crime under Section 384(1) of the Penal Code, which carries an imprisonment sentence of between 10 and 10 years or an infraction or a whipping conviction. He was released on bail of RM6,000 and made payment of the penalty.
On the 27th of November 20th, 2020 On the 27th of November, 2020, the High Court dismissed Sanjeevan's appeal. Sanjeevan was directed to begin his sentence of confinement after the stay of execution was denied.
On Dec. 4 of 2020 the High Court allowed Sanjeevan a stay of execution on the condition that he pay bail of RM35,000, with two sureties and surrender his identity card to the judge until the matter was resolved.
He was also ordered to report to his Semenyih police station, in Kajang, Selangor, every week up to the time of the conclusion of the case . He was also required to get the approval by Kajang district police chief Kajang the district chief of police prior to departing the district.