MOHAMAD IKHWAN BIN MAHAT

MOHAMAD IKHWAN BIN MAHAT

Prosecution failed to prove the first essential element of extortion — that the accused intentionally put the named complainant in fear — because the complainant and the Chinese passenger were not called, the viral video was not admitted or formally translated, eyewitnesses at scene did not observe the accused demanding or receiving money and one eyewitness could not identify the accused; investigatory omissions prejudiced the defence; therefore no prima facie case existed and the accused must be acquitted.

Citation
WA-82-26-06/2023 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Mohamad Ikhwan bin Mahat
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
19 December 2024
Case Number
WA-82-26-06/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Extortion (s383/s384 Penal Code) / End of Prosecution Case; Accused Acquitted (post Prosecution Evaluation)
Outcome
Accused acquitted and discharged
Legal Topics
Extortion, Prima Facie Test at Close of Prosecution, Fair Trial / Duty to Investigate, Hearsay and Admissibility of Digital Evidence
Source Language
Malay/English
Criminal Law Criminal Procedure Evidence Extortion Prima Facie Test at Close of Prosecution Fair Trial / Duty to Investigate Hearsay and Admissibility of Digital Evidence

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Parties

Public Prosecutor

Prosecution

Mohamad Ikhwan bin Mahat

Accused

Procedural Posture

Criminal Extortion (s383/s384 Penal Code) / End of Prosecution Case; Accused Acquitted (post Prosecution Evaluation)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under sections 383 and 384 Penal Code
  2. 2 Whether the accused intentionally put the victim in fear thereby dishonestly inducing delivery of RM200
  3. 3 Whether failure to call key witnesses and to formally admit/translate the viral video prejudiced the accused’s right to a fair trial

Ratio Decidendi

Prosecution failed to prove the first essential element of extortion — that the accused intentionally put the named complainant in fear — because the complainant and the Chinese passenger were not called, the viral video was not admitted or formally translated, eyewitnesses at scene did not observe the accused demanding or receiving money and one eyewitness could not identify the accused; investigatory omissions prejudiced the defence; therefore no prima facie case existed and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Mohamad Ikhwan bin Mahat acquitted and discharged
  • Bail money returned