PENDAKWARAYA Pendakwaraya 1. MOHANAKRISHNAN A/L MANIAM 2. KOKILAMBAL A/P MANIAM

PENDAKWARAYA Pendakwaraya 1. MOHANAKRISHNAN A/L MANIAM 2. KOKILAMBAL A/P MANIAM

Court allowed the prosecution's application for discharge without acquittal (DNAA) under section 254 because material witnesses (notably SP5 and SP8) remained under examination so the merits were not fully heard; reinstatement of trial and reuse of evidence is permitted under s254A where witnesses have been called; therefore A&D under s254(3) is inappropriate at this stage absent failure of prosecution to establish a prima facie case under s173(f)(ii).

Citation
62-05-05/2019 (Mahkamah Sesyen)
Parties
Prosecution: PENDAKWARAYA; Accused: MOHANAKRISHNAN A/L MANIAM; Accused: KOKILAMBAL A/P MANIAM
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
62-05-05/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Homicide (s 304(a) Penal Code) / Mid Trial Discharge Application (dnaa) Under S254 Criminal Procedure Code
Outcome
Application by prosecution to discharge accused without acquittal (DNAA) allowed under section 254 Criminal Procedure Code; no acquittal ordered.
Legal Topics
Discharge Without Acquittal (dnaa), Reinstatement of Trial, Section 254, Section 254 a, Prima Facie Requirement for A&d, Hostile Witness Procedure, Voluntariness of Warned Statements
Source Language
Malay/English
Criminal Law Procedural Law Forensic Evidence Discharge Without Acquittal (dnaa) Reinstatement of Trial Section 254 Section 254 a Prima Facie Requirement for A&d +2 more

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Parties

PENDAKWARAYA

Prosecution

MOHANAKRISHNAN A/L MANIAM

Accused

KOKILAMBAL A/P MANIAM

Accused

Procedural Posture

Criminal Homicide (s 304(a) Penal Code) / Mid Trial Discharge Application (dnaa) Under S254 Criminal Procedure Code

Legal Issues

  1. 1 Whether the court should order discharge without acquittal (DNAA) under s254
  2. 2 Whether discharge should be with acquittal (A&D) under s254(3)
  3. 3 Whether reinstatement and reuse of prior witness evidence is permissible under s254A

Ratio Decidendi

Court allowed the prosecution's application for discharge without acquittal (DNAA) under section 254 because material witnesses (notably SP5 and SP8) remained under examination so the merits were not fully heard; reinstatement of trial and reuse of evidence is permitted under s254A where witnesses have been called; therefore A&D under s254(3) is inappropriate at this stage absent failure of prosecution to establish a prima facie case under s173(f)(ii).

Court Disposition

Application by prosecution to discharge accused without acquittal (DNAA) allowed under section 254 Criminal Procedure Code; no acquittal ordered.

Orders

  • OKT1 (Mohanakrishnan a/l Maniam) and OKT2 (Kokilambal a/p Maniam) discharged without acquittal (DNAA) under section 254 Criminal Procedure Code
  • Prosecution permitted to reinstate trial and re-charge the accused; evidence already given may be used in any subsequent trial in accordance with section 254A