[ ] Zulasri Bin Shaarani

[ ] Zulasri Bin Shaarani

The court found that although identity of the deceased and death by gunshot were proven, the prosecution failed to prove that the accused caused the death because the sole eyewitness (SP21) was an accomplice whose testimony was untrustworthy and uncorroborated in material particulars; accordingly no prima facie case under s.180 CPC was made out and the accused was acquitted and discharged.

Citation
AB-46B-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Zulhasri bin Shaarani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 December 2021
Case Number
AB-46B-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal — Murder (s.302 Penal Code) / After Close of Prosecution Case — Prima Facie Inquiry Under S.180 CPC
Outcome
Accused acquitted and discharged of charge of murder under section 302 Penal Code pursuant to section 180(2) Criminal Procedure Code.
Legal Topics
Murder, Prima Facie Inquiry, Accomplice Evidence and Corroboration, Prosecutorial Discretion, Accessory Liability, Section 180 CPC Procedure
Source Language
Malay/English
Criminal Law Evidence Constitutional Law Forensic Pathology Murder Prima Facie Inquiry Accomplice Evidence and Corroboration Prosecutorial Discretion +2 more

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Parties

Public Prosecutor

Prosecution

Zulhasri bin Shaarani

Accused

Procedural Posture

Criminal — Murder (s.302 Penal Code) / After Close of Prosecution Case — Prima Facie Inquiry Under S.180 CPC

Legal Issues

  1. 1 Whether a prima facie case of murder was established against the accused under section 302 Penal Code
  2. 2 Whether testimony of SP21 (an accomplice) was credible and required corroboration
  3. 3 Whether the prosecution proved the accused was the person who caused the death by shooting

Ratio Decidendi

The court found that although identity of the deceased and death by gunshot were proven, the prosecution failed to prove that the accused caused the death because the sole eyewitness (SP21) was an accomplice whose testimony was untrustworthy and uncorroborated in material particulars; accordingly no prima facie case under s.180 CPC was made out and the accused was acquitted and discharged.

Court Disposition

Accused acquitted and discharged of charge of murder under section 302 Penal Code pursuant to section 180(2) Criminal Procedure Code.

Orders

  • Accused Zulhasri bin Shaarani acquitted and discharged of the charge of murder under section 302 Penal Code pursuant to section 180(2) Criminal Procedure Code.