Muhammad Wabil Haiqal Bin Mohd Zainal

Muhammad Wabil Haiqal Bin Mohd Zainal

The prosecution failed to prove a prima facie case: the only identification link (PW4/CCTV screenshots) was unreliable and uncorroborated while the s.27 'leading to discovery' evidence was not credible because the exact words were not proved, contemporaneous records were absent and there was an unexplained and material gap regarding how the accused had the motorcycle key while in custody; on maximum evaluation the evidence was insufficient to call the accused to enter defence, therefore acquittal and discharge was ordered.

Citation
MA-83-582-03/2024 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Wabil Haiqal bin Mohd Zainal
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
29 October 2025
Case Number
MA-83-582-03/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Housebreaking (s.457 Penal Code) / Post Prosecution Prima Facie Evaluation at Magistrate Court; Acquitted and Discharged; Prosecution Appeal to High Court Available
Outcome
Accused Muhammad Wabil Haiqal bin Mohd Zainal acquitted and discharged of charge in case MA-83-582-03/2024 for offence under s.457 Penal Code; prosecution retains right to appeal to the High Court of Malaya at Malacca.
Legal Topics
Housebreaking (s.457 Penal Code), Prima Facie Test at Close of Prosecution, Identification Evidence and CCTV, Section 27 Evidence Act (leading to Discovery), Admissibility of Confessions, Non Production of Evidence and Adverse Inference, Presumption Under S.114 Evidence Act
Source Language
Malay/English
Criminal Law Evidence Law Procedure Housebreaking (s.457 Penal Code) Prima Facie Test at Close of Prosecution Identification Evidence and CCTV Section 27 Evidence Act (leading to Discovery) Admissibility of Confessions +2 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Wabil Haiqal bin Mohd Zainal

Accused

Procedural Posture

Criminal Housebreaking (s.457 Penal Code) / Post Prosecution Prima Facie Evaluation at Magistrate Court; Acquitted and Discharged; Prosecution Appeal to High Court Available

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.457 Penal Code
  2. 2 Whether CCTV-based identification was reliable and admissible
  3. 3 Whether information given by accused to police triggered admissibility under s.27 Evidence Act

Ratio Decidendi

The prosecution failed to prove a prima facie case: the only identification link (PW4/CCTV screenshots) was unreliable and uncorroborated while the s.27 'leading to discovery' evidence was not credible because the exact words were not proved, contemporaneous records were absent and there was an unexplained and material gap regarding how the accused had the motorcycle key while in custody; on maximum evaluation the evidence was insufficient to call the accused to enter defence, therefore acquittal and discharge was ordered.

Court Disposition

Accused Muhammad Wabil Haiqal bin Mohd Zainal acquitted and discharged of charge in case MA-83-582-03/2024 for offence under s.457 Penal Code; prosecution retains right to appeal to the High Court of Malaya at Malacca.