NORDIN BIN ABDUL AZIZ

NORDIN BIN ABDUL AZIZ

Prosecution failed to prove a prima facie case because the key eyewitness evidence (SP1) was not credible and was based on assumption; on maximum evaluation of prosecution evidence and drawing inferences favourable to the accused the court could not safely require the accused to make his defence, therefore accused was acquitted at the close of the prosecution case.

Citation
AJ-86POL-643-02/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: NORDIN BIN ABDUL AZIZ
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 October 2025
Case Number
AJ-86POL-643-02/2024 (Mahkamah Majistret)
Procedural Posture
Criminal (traffic Offence) / Close of Prosecution Case (judgment on Prima Facie)
Outcome
Accused acquitted and discharged at the close of the prosecution case.
Legal Topics
Failure to Control Vehicle, Prima Facie Assessment, Charge Sufficiency, Credibility of Witnesses, Acquittal at Close of Prosecution Case
Source Language
Malay/English
Criminal Law Traffic Law Road Transport Law Criminal Procedure Evidence Failure to Control Vehicle Prima Facie Assessment Charge Sufficiency +2 more

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Parties

PENDAKWA RAYA

Prosecution

NORDIN BIN ABDUL AZIZ

Accused

Procedural Posture

Criminal (traffic Offence) / Close of Prosecution Case (judgment on Prima Facie)

Legal Issues

  1. 1 Whether accused failed to control motorcycle contrary to Rule 10 LN166/59 read with s119(2) Road Transport Act 1987 and s128(1)
  2. 2 Whether the prosecution established a prima facie case at the close of its case
  3. 3 Whether the charge was defective or deprived accused of fair notice

Ratio Decidendi

Prosecution failed to prove a prima facie case because the key eyewitness evidence (SP1) was not credible and was based on assumption; on maximum evaluation of prosecution evidence and drawing inferences favourable to the accused the court could not safely require the accused to make his defence, therefore accused was acquitted at the close of the prosecution case.

Court Disposition

Accused acquitted and discharged at the close of the prosecution case.

Orders

  • Accused Nordin bin Abdul Aziz is acquitted and discharged from the charge.