[Polis Diraja Malaysia (PDRM)] AHMAD YUSOF BIN SALLEH HUDDIN

[Polis Diraja Malaysia (PDRM)] AHMAD YUSOF BIN SALLEH HUDDIN

On maximum evaluation the prosecution failed to establish a prima facie case for either abetment under s.39(a) read with s.41 or for loss under s.35 Arms Act 1960 because (1) no direct evidence placed the accused at the scene or showed he authorised or participated in SP1 taking/using the pistol; (2) serious and unexplained discrepancies and breaks in the chain of custody and identity of exhibits (numbers of cartridges/casings and recovered items) created reasonable doubt; accordingly the accused was properly discharged and not called to answer.

Citation
CH-82-1-02/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Ahmad Yusof bin Salleh Huddin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 April 2025
Case Number
CH-82-1-02/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Arms Act Offences / Decision at Close of Prosecution Case (no Case to Answer / Accused Discharged)
Outcome
Accused discharged and released without being called to enter defence (no case to answer)
Legal Topics
Abetment, Possession of Firearm, Loss of Weapon, Chain of Custody, Prima Facie Test, No Case to Answer / Discharge
Source Language
Malay/English
Criminal Law Firearms/weapons Law Evidence Law Abetment Possession of Firearm Loss of Weapon Chain of Custody Prima Facie Test +1 more

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Parties

Public Prosecutor

Prosecution

Ahmad Yusof bin Salleh Huddin

Accused

Procedural Posture

Criminal Arms Act Offences / Decision at Close of Prosecution Case (no Case to Answer / Accused Discharged)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for offence under s.39(a) Arms Act 1960 read with s.41 (abetment)
  2. 2 Whether prosecution proved offence under s.35 Arms Act 1960 (loss of weapon) by establishing ownership, knowledge and causation of loss
  3. 3 Whether chain of custody and identity of exhibits were proved beyond reasonable doubt

Ratio Decidendi

On maximum evaluation the prosecution failed to establish a prima facie case for either abetment under s.39(a) read with s.41 or for loss under s.35 Arms Act 1960 because (1) no direct evidence placed the accused at the scene or showed he authorised or participated in SP1 taking/using the pistol; (2) serious and unexplained discrepancies and breaks in the chain of custody and identity of exhibits (numbers of cartridges/casings and recovered items) created reasonable doubt; accordingly the accused was properly discharged and not called to answer.

Court Disposition

Accused discharged and released without being called to enter defence (no case to answer)

Orders

  • Accused released and discharged from the charges
  • Return bail sum of RM2000.00 to the surety