PENDAKWARAYA MEGAT SHAFIQUL ATRAS BIN MEGAT HAMARI (NO. KP: 900317-08-6169)

PENDAKWARAYA MEGAT SHAFIQUL ATRAS BIN MEGAT HAMARI (NO. KP: 900317-08-6169)

Prosecution failed to prove entrustment and consequent criminal breach of trust beyond reasonable doubt because it did not establish positive delivery of the alleged monies to the accused by customers or by officers on behalf of the employer for the relevant transactions, key documentary proof (bank-in slips/cash register for most charged dates) was absent or incomplete, other staff were shown to be responsible for bank deposits, and the gaps produced reasonable doubt; accordingly accused acquitted on all counts.

Citation
NA-62K-10-07/2016; NA-62K-11-07/2016; NA-62K-12-07/2016 & NA-62K-13-07/2016 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: MEGAT SHAFIQUL ATRAS BIN MEGAT HAMARI
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 July 2021
Case Number
NA-62K-10-07/2016; NA-62K-11-07/2016; NA-62K-12-07/2016 & NA-62K-13-07/2016 (Mahkamah Sesyen)
Procedural Posture
Criminal (criminal Breach of Trust Under Penal Code S.408) / Post Trial Judgment (acquittal After Full Trial Following High Court Interlocutory Ruling)
Outcome
Accused released, acquitted and discharged of all 12 amended charges under Section 408 Penal Code.
Legal Topics
Criminal Breach of Trust, Entrustment, Burden of Proof Beyond Reasonable Doubt, Adverse Inference Under Evidence Act S.114(g), Documentary Evidence (bank in Slips, Cash Register), Scope of Employee Duties
Source Language
Malay/English
Criminal Law Evidence Law Banking/financial Procedures Employment Law Criminal Breach of Trust Entrustment Burden of Proof Beyond Reasonable Doubt Adverse Inference Under Evidence Act S.114(g) +2 more

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Parties

PENDAKWA RAYA

Prosecutor

MEGAT SHAFIQUL ATRAS BIN MEGAT HAMARI

Accused

Procedural Posture

Criminal (criminal Breach of Trust Under Penal Code S.408) / Post Trial Judgment (acquittal After Full Trial Following High Court Interlocutory Ruling)

Legal Issues

  1. 1 Whether the accused was entrusted with employer's property (money) within meaning of s.408 Penal Code
  2. 2 Whether prosecution proved positive delivery/receipt of the specific monies to the accused by customers or by officers on behalf of employer
  3. 3 Whether documentary proof (bank-in slips, cash register, lodgment forms) and witness testimony proved breach beyond reasonable doubt

Ratio Decidendi

Prosecution failed to prove entrustment and consequent criminal breach of trust beyond reasonable doubt because it did not establish positive delivery of the alleged monies to the accused by customers or by officers on behalf of the employer for the relevant transactions, key documentary proof (bank-in slips/cash register for most charged dates) was absent or incomplete, other staff were shown to be responsible for bank deposits, and the gaps produced reasonable doubt; accordingly accused acquitted on all counts.

Court Disposition

Accused released, acquitted and discharged of all 12 amended charges under Section 408 Penal Code.

Orders

  • Defendant discharged and acquitted on all 12 amended charges under Section 408 Penal Code.