July 13, 2021 5:06 PM
The Federal Court today allowed Yahya Hussein Mohsen Abdulrab’s appeal to quash his conviction by the High Court, citing the incompetence of his lawyer at the trial.A three-member bench chaired by Chief Justice Tengku Maimun Tuan Mat said Hussein’s previous lawyer was “flagrantly incompetent”. Farhan said the apex court decided that a retrial would be unfair as there had been a breach of constitutional safeguards and as a result, the trial process itself was unfair.
On the merits of the case, Farhan said additional evidence clearly showed that there was more than a reasonable doubt in the prosecution’s case and that even a reduction to the lower offence of possession was unsafe.
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