PENDAKWARAYA PP KOW CHEE MING

PENDAKWARAYA PP KOW CHEE MING

Prosecution failed to establish the essential element of employment under s55B(1): there was no evidence proving a contractual or employment relationship between the accused and the illegal immigrants, the charge did not identify the immigrant(s), and no deposition under s40A was produced and made available for cross-examination; absent a prima facie case the accused must be acquitted and discharged without defence called.

Citation
WA-83-3685-06/2018 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Kow Chee Ming
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 July 2019
Case Number
WA-83-3685-06/2018 (Mahkamah Majistret)
Procedural Posture
Criminal / Full Trial; Judgment After Close of Prosecution's Case (acquitted and Discharged Without Defence Called)
Outcome
Accused acquitted and discharged without defence called
Legal Topics
Employment of Illegal Immigrants, Admissibility of Deposition Under S40 a, Prima Facie Burden at Close of Prosecution's Case, Requirement to Specify Identity in Charge, Right to Cross Examine Deponents
Source Language
Malay/English
Immigration Law Criminal Law Evidence Law Employment Law Employment of Illegal Immigrants Admissibility of Deposition Under S40 a Prima Facie Burden at Close of Prosecution's Case Requirement to Specify Identity in Charge +1 more

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Parties

Public Prosecutor

Prosecutor

Kow Chee Ming

Accused

Procedural Posture

Criminal / Full Trial; Judgment After Close of Prosecution's Case (acquitted and Discharged Without Defence Called)

Legal Issues

  1. 1 Whether the prosecution proved the element of employment under s55B(1)
  2. 2 Whether the charge must identify the illegal immigrant
  3. 3 Whether deposition under s40A may be admitted without giving accused opportunity to cross-examine

Ratio Decidendi

Prosecution failed to establish the essential element of employment under s55B(1): there was no evidence proving a contractual or employment relationship between the accused and the illegal immigrants, the charge did not identify the immigrant(s), and no deposition under s40A was produced and made available for cross-examination; absent a prima facie case the accused must be acquitted and discharged without defence called.

Court Disposition

Accused acquitted and discharged without defence called

Orders

  • Accused acquitted and discharged without defence called
  • Bail bond sum refunded