PENDAKWARAYA FAZILAWATI BINTI ABDUL RAHMAN

PENDAKWARAYA FAZILAWATI BINTI ABDUL RAHMAN

The prosecution failed to establish a prima facie case under section 409 because it did not prove, on the evidence adduced, that the accused was positively entrusted with the specific sums alleged or that she exercised exclusive dominion over them; material discrepancies in amounts and handover documents, inconsistent signatures, inadequate documentary chain/ disclosure (notably P18), and evidence others had access to the safe and manager's office undermined entrustment and dishonest conversion elements; accordingly court discharged and acquitted the accused without calling her to answer.

Citation
NA-62K-40-07/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Fazilawati binti Abdul Rahman; Interested Party: Koperasi Melayu Berjawatan Kerajaan Negeri Sembilan Berhad (KOMBEK)
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 November 2021
Case Number
NA-62K-40-07/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial — End of Prosecution Case (judgment on No Prima Facie)
Outcome
Accused discharged and acquitted; released and freed from both amended charges under section 409 Penal Code without being called to defend.
Legal Topics
Criminal Breach of Trust (pecah Amanah), Section 409 Penal Code, Entrustment Vs Performance of Duty, Prima Facie Test at Close of Prosecution, Documentary Evidence and Chain of Custody, Disclosure Obligations (s51 A)
Source Language
Malay/English
Criminal Law Criminal Procedure Trusts and Fiduciary Duties Evidence Law Criminal Breach of Trust (pecah Amanah) Section 409 Penal Code Entrustment Vs Performance of Duty Prima Facie Test at Close of Prosecution +2 more

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Parties

Pendakwa Raya

Prosecution

Fazilawati binti Abdul Rahman

Accused

Koperasi Melayu Berjawatan Kerajaan Negeri Sembilan Berhad (KOMBEK)

Interested Party

Procedural Posture

Criminal / Trial — End of Prosecution Case (judgment on No Prima Facie)

Legal Issues

  1. 1 Whether the accused was an employee/agent and thus within section 402A definition
  2. 2 Whether the prosecution proved entrustment of cooperative funds to the accused
  3. 3 Whether the prosecution proved dishonest misappropriation/conversion (element of s409)

Ratio Decidendi

The prosecution failed to establish a prima facie case under section 409 because it did not prove, on the evidence adduced, that the accused was positively entrusted with the specific sums alleged or that she exercised exclusive dominion over them; material discrepancies in amounts and handover documents, inconsistent signatures, inadequate documentary chain/ disclosure (notably P18), and evidence others had access to the safe and manager's office undermined entrustment and dishonest conversion elements; accordingly court discharged and acquitted the accused without calling her to answer.

Court Disposition

Accused discharged and acquitted; released and freed from both amended charges under section 409 Penal Code without being called to defend.

Orders

  • Accused Fazilawati binti Abdul Rahman discharged and acquitted of both amended charges under section 409 Penal Code
  • Exhibits and findings recorded in judgment dated 15 January 2022 by Sessions Court Seremban