SAMUDIN BIN KAMBALI

SAMUDIN BIN KAMBALI

The prosecution failed to prove a prima facie case on both required ingredients: (1) there was insufficient and unreliable evidence to establish that the accused corruptly gave RM45,000 to the police officer; and (2) the inducement to forbear acting was not proven. Material contradictions between key witnesses, an unexplained evidential gap (failure to call the club manager/owner), admissions by the principal witness that supported the defence and lack of corroborative evidence created reasonable doubt; accordingly the accused was acquitted and discharged.

Citation
JA-62R-15-12/2020 (Mahkamah Sesyen)
Parties
Appellant/prosecution: Public Prosecutor; Respondent/accused: Samudin bin Kambali
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 January 2024
Case Number
JA-62R-15-12/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment at Sessions Court (close of Prosecution); Acquittal; Prosecution Noted Appeal to High Court
Outcome
Accused acquitted and discharged
Legal Topics
Bribery Under MACC Act, Prima Facie Case, Credibility of Witnesses, Presumptions of Law, Withholding/suppression of Evidence
Source Language
Malay/English
Criminal Law Anti Corruption Evidence Law Bribery Under MACC Act Prima Facie Case Credibility of Witnesses Presumptions of Law Withholding/suppression of Evidence

Case Brief

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Parties

Public Prosecutor

Appellant/prosecution

Samudin bin Kambali

Respondent/accused

Procedural Posture

Criminal / Trial Judgment at Sessions Court (close of Prosecution); Acquittal; Prosecution Noted Appeal to High Court

Legal Issues

  1. 1 Whether the accused corruptly gave gratification to an agent (ASP Saifullah) as alleged
  2. 2 Whether the gratification was an inducement for the agent to forbear acting in relation to his principal’s affairs
  3. 3 Whether the prosecution had established a prima facie case to call defence

Ratio Decidendi

The prosecution failed to prove a prima facie case on both required ingredients: (1) there was insufficient and unreliable evidence to establish that the accused corruptly gave RM45,000 to the police officer; and (2) the inducement to forbear acting was not proven. Material contradictions between key witnesses, an unexplained evidential gap (failure to call the club manager/owner), admissions by the principal witness that supported the defence and lack of corroborative evidence created reasonable doubt; accordingly the accused was acquitted and discharged.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Samudin bin Kambali acquitted and discharged at close of prosecution (no prima facie case)