Khairul Anuar Bin Daud

Khairul Anuar Bin Daud

Prosecution failed to prove essential elements of the offence: although P12 was found to be forged, there was insufficient and contradictory evidence that the accused dishonestly used and sent that forged document within the charged timeframe and that he had reason to believe it was forged; inadequate investigation and failure to preserve or verify deleted email records produced reasonable doubt and prevented a prima facie case — therefore accused must be acquitted and discharged at the close of prosecution's case.

Citation
JA-62R-12-09/2022 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Khairul Anuar bin Daud
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
JA-62R-12-09/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / Acquittal and Discharge at Close of Prosecution's Case in Sessions Court; Prosecution Appealed to High Court
Outcome
Accused acquitted and discharged at close of prosecution's case; prosecution has appealed to the High Court
Legal Topics
Forgery, Use of Forged Document, Prima Facie Case, Burden of Proof, Investigation Duties, Evidence Preservation, Disclosure and Exculpatory Statements
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Anti‑corruption Law Forgery Use of Forged Document Prima Facie Case Burden of Proof +3 more

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Parties

Public Prosecutor

Prosecution

Khairul Anuar bin Daud

Accused

Procedural Posture

Criminal / Acquittal and Discharge at Close of Prosecution's Case in Sessions Court; Prosecution Appealed to High Court

Legal Issues

  1. 1 Whether the document (P12) was forged
  2. 2 Whether the accused dishonestly used the forged document as genuine within the charged timeframe
  3. 3 Whether the accused had reason to believe the document was forged

Ratio Decidendi

Prosecution failed to prove essential elements of the offence: although P12 was found to be forged, there was insufficient and contradictory evidence that the accused dishonestly used and sent that forged document within the charged timeframe and that he had reason to believe it was forged; inadequate investigation and failure to preserve or verify deleted email records produced reasonable doubt and prevented a prima facie case — therefore accused must be acquitted and discharged at the close of prosecution's case.

Court Disposition

Accused acquitted and discharged at close of prosecution's case; prosecution has appealed to the High Court

Orders

  • Accused Khairul Anuar bin Daud acquitted and discharged at the close of the prosecution's case pursuant to section 173(f)(ii) of the Criminal Procedure Code
  • Record of proceedings to be transmitted in light of prosecution's intention to appeal to the High Court