OOI CHIENG SIM

OOI CHIENG SIM

The Sessions Court order releasing the accused DNAA was quashed because it was legally improper: the prosecution did not apply for discharge under s.254 CPC but instead sought a warrant for the absent investigating officer; the Sessions Court should have issued the arrest warrant and continued the trial rather than granting DNAA on the ground of witness non-attendance. Therefore High Court set aside the DNAA, ordered reinstatement of prosecution and issuance of warrant for the investigating officer, remand and continuation of the trial; the Sessions Court acted beyond lawful discretion in the circumstances.

Citation
PB-44-21-11/2023 (Mahkamah Tinggi)
Parties
Applicant/accused: Ooi Chieng Sim; Respondent/prosecution: Pendakwa Raya (Public Prosecutor)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2024
Case Number
PB-44-21-11/2023 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision / Judicial Review of Subordinate Court Order / High Court Hearing on Notices of Motion Challenging Sessions Court DNAA Order
Outcome
High Court allowed revision in part: quashed Sessions Court DNAA order, directed continuation of prosecution and issuance of arrest warrant for absent investigating officer; remand and no bail ordered under Act 340; matters to be relisted in Sessions Court
Legal Topics
Discharge Without Acquittal (dnaa), Discharge Amounting to Acquittal (daa), Section 254 Criminal Procedure Code, Section 173(g) CPC, High Court Revisionary Jurisdiction, Warrant of Arrest for Absent Witness, Predicate Offence Requirement, Abuse of Process, Remand and Bail (unbailable Offences)
Source Language
Malay/English
Criminal Law Criminal Procedure Constitutional Law Asset Forfeiture / Drug Forfeiture Law Judicial Review / Revision Discharge Without Acquittal (dnaa) Discharge Amounting to Acquittal (daa) Section 254 Criminal Procedure Code +6 more

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Parties

Ooi Chieng Sim

Applicant/accused

Pendakwa Raya (Public Prosecutor)

Respondent/prosecution

Procedural Posture

Criminal Revision / Judicial Review of Subordinate Court Order / High Court Hearing on Notices of Motion Challenging Sessions Court DNAA Order

Legal Issues

  1. 1 Whether Sessions Court order releasing accused DNAA was lawful absent prosecution applying under s.254 CPC
  2. 2 Whether Sessions Court ought to have issued arrest warrant for absent investigating officer instead of DNAA
  3. 3 Whether charges under s.4(1) Dangerous Drugs (Forfeiture of Property) Act 1988 disclosed requisite predicate offence and whether mala fides existed

Ratio Decidendi

The Sessions Court order releasing the accused DNAA was quashed because it was legally improper: the prosecution did not apply for discharge under s.254 CPC but instead sought a warrant for the absent investigating officer; the Sessions Court should have issued the arrest warrant and continued the trial rather than granting DNAA on the ground of witness non-attendance. Therefore High Court set aside the DNAA, ordered reinstatement of prosecution and issuance of warrant for the investigating officer, remand and continuation of the trial; the Sessions Court acted beyond lawful discretion in the circumstances.

Court Disposition

High Court allowed revision in part: quashed Sessions Court DNAA order, directed continuation of prosecution and issuance of arrest warrant for absent investigating officer; remand and no bail ordered under Act 340; matters to be relisted in Sessions Court

Orders

  • Sessions Court order of discharge without acquittal (DNAA) dated 15.6.2023 is set aside
  • Proceedings in both cases PB-62D-339-10/2020 and PB-62D-340-10/2020 are reinstated and trial to continue with the prosecution’s remaining witness