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HIGH COURT SABAH & SARAWAK BINTULU
LIPA LIBAN – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. court's handling of transfer and case management. (Para 1) |
| 2. overview of charges and trial background. (Para 2 , 3 , 6 , 7) |
| 3. arguments on the consequences of missing amended charge. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. arguments against retrial due to prejudice. (Para 14 , 15 , 18 , 19) |
| 5. discrepancies in amended charge versions. (Para 16 , 20 , 21 , 22 , 23) |
| 6. debate over whether to allow a retrial. (Para 17) |
| 7. consequences of missing evidence on appeal proceedings. (Para 24 , 25 , 28 , 29 , 30) |
| 8. court's observations on hardship caused by retrial. (Para 32) |
[1] Unfortunately, this case was not included in the list of cases pending grounds of judgment after my transfer from Bintulu to Kuching. As soon as the bundles of documents relating thereto were received during the first and second week of September this year, effort was commenced in trying to get the grounds of decision done as soon as possible.
Brief Background
[2] Each of two accused, Lipa ak Liban and Hii Teck Heng, was charged separately in the Sessions Court respectively in Case Nos: 61-01-2003 and 62-48-2003. Lipa was charged for using a document 'Pesanan Kerajaan No 757806' which allegedly contains fals
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