Mohamed Buhary Mohamed Asmin v. Hon. Attorney-General – CA 240/2010-2010

In Mohamed Buhary Mohamed Asmin v. Hon. Attorney-General, the court considered whether the accused-appellant was afforded the right to legal representation during his trial before the High Court of Kalmunai. The case addressed the legitimacy of the accused’s conviction for possession of a firearm without a valid permit and possession of live cartridges. It was determined that the accused was tried in absentia and that his attorney’s application to appear on his behalf was improperly rejected without sufficient justification. The court held that denial of the fundamental right to counsel resulted in a miscarriage of justice. The conviction and sentence were set aside, and a trial de novo was ordered, with instructions for expeditious proceedings. This decision reaffirmed the principle that