LIEW CHIN SENG

LIEW CHIN SENG

Prosecution failed to establish prima facie that accused drove in a dangerous manner because critical evidence was inadmissible or hearsay (police-recorded statements/confessions and absent passenger's account), there was no eyewitness testimony, no definitive point of impact or forensic analysis to support alleged overtaking into opposing lane; on maximum evaluation the prosecution did not discharge burden so the accused was discharged and acquitted at end of prosecution case.

Citation
DF-83-203-08/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Liew Chin Seng
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 October 2025
Case Number
DF-83-203-08/2023 (Mahkamah Majistret)
Procedural Posture
Criminal (road Traffic) / Trial End of Prosecution Case (accused Discharged)
Outcome
Accused released and discharged; no prima facie case established under s41(1) Akta Pengangkutan Jalan 1987
Legal Topics
Dangerous Driving Causing Death, Prima Facie Burden of Proof, Admissibility of Confessions, Hearsay Evidence, Investigation and Forensic Evidence
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Dangerous Driving Causing Death Prima Facie Burden of Proof Admissibility of Confessions Hearsay Evidence Investigation and Forensic Evidence

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Parties

Pendakwa Raya

Prosecution

Liew Chin Seng

Accused

Procedural Posture

Criminal (road Traffic) / Trial End of Prosecution Case (accused Discharged)

Legal Issues

  1. 1 Whether prosecution proved prima facie case under s41(1) Road Transport Act 1987 that accused drove in a manner dangerous to the public causing death
  2. 2 Admissibility of statements/confessions recorded by police (s17 Evidence Act 1950)
  3. 3 Admissibility of out-of-court statements by absent passenger (hearsay)

Ratio Decidendi

Prosecution failed to establish prima facie that accused drove in a dangerous manner because critical evidence was inadmissible or hearsay (police-recorded statements/confessions and absent passenger's account), there was no eyewitness testimony, no definitive point of impact or forensic analysis to support alleged overtaking into opposing lane; on maximum evaluation the prosecution did not discharge burden so the accused was discharged and acquitted at end of prosecution case.

Court Disposition

Accused released and discharged; no prima facie case established under s41(1) Akta Pengangkutan Jalan 1987

Orders

  • Accused Liew Chin Seng released and discharged at end of prosecution case without being called to enter defence