[ ] 1. ) MOHAD ZAIZE BIN CHE SULAIMAN 2. ) MUHAMMAD AFIF BIN ISHAK 3. ) AHMAD NURUDDIN BIN HASHIM 4. ) NASRI BIN MUHAMAD

[ ] 1. ) MOHAD ZAIZE BIN CHE SULAIMAN 2. ) MUHAMMAD AFIF BIN ISHAK 3. ) AHMAD NURUDDIN BIN HASHIM 4. ) NASRI BIN MUHAMAD

Charges were legally defective and prejudicial because the prosecution misdescribed the offence (using 'culik' under Akta 365 while definitions and offences lie in the Penal Code) and failed to specify which limb of s3(1) was relied upon; additionally, on maximum assessment the prosecution failed to prove the essential elements (wrongful restraint/abduction/wrongful confinement, intent to obtain ransom) and failed to prove abetment by Tertuduh 5; therefore no prima facie case existed and all accused were discharged and acquitted.

Citation
KA-45C-1-04/2021 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused (tertuduh 1): Mohad Zaizie bin Che Sulaiman; Accused (tertuduh 2): Muhammad Afif bin Ishak; Accused (tertuduh 3, Deceased): Ahmad Nuruddin bin Hashim; Accused (tertuduh 4): Nasri bin Muhamad; Accused (tertuduh 5): Mohd Sikri bin Deris
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 March 2025
Case Number
KA-45C-1-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Kidnapping/abetment / Discharge and Acquittal at Close of Prosecution Case (no Prima Facie Case)
Outcome
All accused (Tertuduh 1 to Tertuduh 5) discharged and acquitted at the close of the prosecution case for failure to establish a prima facie case; one accused (Tertuduh 3) noted as deceased and proceedings terminated as to him.
Legal Topics
Kidnapping/abduction, Charge Sufficiency, Prima Facie Evaluation, Abetment, Dismissal at Close of Prosecution
Source Language
Malay/English
Criminal Law Criminal Procedure Kidnapping/abduction Charge Sufficiency Prima Facie Evaluation Abetment Dismissal at Close of Prosecution

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Parties

Pendakwa Raya

Prosecution

Mohad Zaizie bin Che Sulaiman

Accused (tertuduh 1)

Muhammad Afif bin Ishak

Accused (tertuduh 2)

Ahmad Nuruddin bin Hashim

Accused (tertuduh 3, Deceased)

Nasri bin Muhamad

Accused (tertuduh 4)

Mohd Sikri bin Deris

Accused (tertuduh 5)

Procedural Posture

Criminal Kidnapping/abetment / Discharge and Acquittal at Close of Prosecution Case (no Prima Facie Case)

Legal Issues

  1. 1 Whether the charges were properly framed under the Kidnapping Act 1961 or incorrectly referenced sections of the Penal Code
  2. 2 Whether the prosecution proved a prima facie case on the elements of abduction/wrongful restraint/wrongful confinement with intent to obtain ransom
  3. 3 Whether the prosecution proved abetment/persuasion by Tertuduh 5

Ratio Decidendi

Charges were legally defective and prejudicial because the prosecution misdescribed the offence (using 'culik' under Akta 365 while definitions and offences lie in the Penal Code) and failed to specify which limb of s3(1) was relied upon; additionally, on maximum assessment the prosecution failed to prove the essential elements (wrongful restraint/abduction/wrongful confinement, intent to obtain ransom) and failed to prove abetment by Tertuduh 5; therefore no prima facie case existed and all accused were discharged and acquitted.

Court Disposition

All accused (Tertuduh 1 to Tertuduh 5) discharged and acquitted at the close of the prosecution case for failure to establish a prima facie case; one accused (Tertuduh 3) noted as deceased and proceedings terminated as to him.

Orders

  • The court discharges and acquits Mohad Zaizie bin Che Sulaiman, Muhammad Afif bin Ishak, Ahmad Nuruddin bin Hashim (deceased), Nasri bin Muhamad and Mohd Sikri bin Deris; charges dismissed and accused not called to enter defence.
  • Bail conditions (if any) are discharged and release to follow subject to law and return of exhibits to be dealt with in accordance with prosecuting agency directions.