PENDAKWARAYA Timbalan 1. ) Danesh Jay Jagesh 2. ) Damian Chin Mun Kee

PENDAKWARAYA Timbalan 1. ) Danesh Jay Jagesh 2. ) Damian Chin Mun Kee

Prosecution failed to establish identity and control of the bank account holder as the extortionist beyond reasonable doubt; material gaps (absence of ATM CCTV and unexplained withdrawals while accused were in custody) undermined the only direct link (bank transfer) and thus no prima facie case existed to call for defence; accordingly both accused were acquitted.

Citation
BH-83-830-07/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; First Accused: Danesh Jay Jagesh; Second Accused: Damian Chin Mun Kee
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 April 2021
Case Number
BH-83-830-07/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Extortion (s.383/s.384 Penal Code) / Trial — Judgment (acquitted)
Outcome
Acquitted and discharged
Legal Topics
Extortion, Abetment, Identification of Accused, Bank Transaction Evidence, CCTV Evidence, Prima Facie Test, S.173 CPC Test
Source Language
Malay/English
Criminal Law Evidence Procedure Extortion Abetment Identification of Accused Bank Transaction Evidence CCTV Evidence +2 more

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Parties

Public Prosecutor

Prosecution

Danesh Jay Jagesh

First Accused

Damian Chin Mun Kee

Second Accused

Procedural Posture

Criminal Extortion (s.383/s.384 Penal Code) / Trial — Judgment (acquitted)

Legal Issues

  1. 1 Whether the accused persons were the perpetrators who committed extortion
  2. 2 Whether there was a prima facie case to call the accused to enter defence under s.173(f) CPC
  3. 3 Whether the second accused abetted the extortion (s.109 Penal Code)

Ratio Decidendi

Prosecution failed to establish identity and control of the bank account holder as the extortionist beyond reasonable doubt; material gaps (absence of ATM CCTV and unexplained withdrawals while accused were in custody) undermined the only direct link (bank transfer) and thus no prima facie case existed to call for defence; accordingly both accused were acquitted.

Court Disposition

Acquitted and discharged

Orders

  • Both accused acquitted and discharged.