ABID HUSSAIN / PAKISTAN/ LELAKI / 07.04.1993

ABID HUSSAIN / PAKISTAN/ LELAKI / 07.04.1993

The prosecution failed to prove prima facie that the accused was employed as a barber at Smart Cut & Smart Wash because there was no contract of service, no employer witness or records from Smart Cut & Smart Wash, no CCTV or payroll/attendance evidence and the investigating officers conducted an incomplete investigation; the accused's PLKS and passport were produced by his declared employer showing employment in agriculture; given the incomplete, non‑neutral investigation and consequent reasonable doubt, the accused was discharged and acquitted.

Citation
WA-62PT-603-07/2024 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Abid Hussain
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
9 September 2025
Case Number
WA-62PT-603-07/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal Immigration / Acquittal at Close of Prosecution
Outcome
Accused discharged and acquitted
Legal Topics
Breach of PLKS Conditions, Prima Facie Proof, Adverse Inference Under Evidence Act, Completeness of Investigation, Contract of Service/employee Status
Source Language
Malay/English
Immigration Law Criminal Law Evidence Law Breach of PLKS Conditions Prima Facie Proof Adverse Inference Under Evidence Act Completeness of Investigation Contract of Service/employee Status

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Abid Hussain

Accused

Procedural Posture

Criminal Immigration / Acquittal at Close of Prosecution

Legal Issues

  1. 1 Whether the accused was working in breach of his PLKS by performing barber services at Smart Cut & Smart Wash
  2. 2 Whether the prosecution proved a prima facie case that the accused was an employee of Smart Cut & Smart Wash
  3. 3 Whether the investigating officers conducted a complete and impartial investigation (including CCTV, payroll, attendance, employer enquiries)

Ratio Decidendi

The prosecution failed to prove prima facie that the accused was employed as a barber at Smart Cut & Smart Wash because there was no contract of service, no employer witness or records from Smart Cut & Smart Wash, no CCTV or payroll/attendance evidence and the investigating officers conducted an incomplete investigation; the accused's PLKS and passport were produced by his declared employer showing employment in agriculture; given the incomplete, non‑neutral investigation and consequent reasonable doubt, the accused was discharged and acquitted.

Court Disposition

Accused discharged and acquitted

Orders

  • Accused discharged and acquitted; prosecution failed to prove a prima facie case under Regulation 39(b) Immigration Regulations 1963
  • No conviction or sentence imposed