[ ] 1. ) ANANTH SOORIA A/L THURAIRAJAN 2. ) KALAIMANAN A/L N.MORGAN

[ ] 1. ) ANANTH SOORIA A/L THURAIRAJAN 2. ) KALAIMANAN A/L N.MORGAN

Prosecution failed to establish a prima facie case because its key eyewitness (SP12) was materially inconsistent and not credible, and investigative/forensic evidence did not specifically and sufficiently link OKT1 and OKT2 to the fatal assault; therefore it was unsafe to call the accuseds to enter their defence and they were discharged and released.

Citation
PA-45B-10-11/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: ANANTH SOORIA A/L THURAIRAJAN (OKT1); Accused: KALAIMANAN A/L N. MORGAN (OKT2)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 June 2025
Case Number
PA-45B-10-11/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder (section 302 Kanun Keseksaan) / Ruling at Close of Prosecution; No Prima Facie Case Found; Accused Discharged and Released Without Being Called to Enter Defence
Outcome
Prosecution failed to prove a prima facie case; both accused discharged and released without being called to enter defence.
Legal Topics
Murder, Prima Facie, Credibility of Witness, Forensic Evidence, Section 302 Kanun Keseksaan, Section 34 Kanun Keseksaan, Section 300 Kanun Keseksaan, Section 180 Kanun Tatacara Jenayah
Source Language
Malay/English
Criminal Law Murder Prima Facie Credibility of Witness Forensic Evidence Section 302 Kanun Keseksaan Section 34 Kanun Keseksaan Section 300 Kanun Keseksaan +1 more

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Parties

PENDAKWA RAYA

Prosecution

ANANTH SOORIA A/L THURAIRAJAN (OKT1)

Accused

KALAIMANAN A/L N. MORGAN (OKT2)

Accused

Procedural Posture

Criminal Murder (section 302 Kanun Keseksaan) / Ruling at Close of Prosecution; No Prima Facie Case Found; Accused Discharged and Released Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution established a prima facie case under section 302 read with section 34 Kanun Keseksaan
  2. 2 Whether the eyewitness (SP12) was sufficiently credible and corroborated to link the accuseds to the fatal assault
  3. 3 Whether forensic and investigative evidence linked the accuseds to the injuries causing death

Ratio Decidendi

Prosecution failed to establish a prima facie case because its key eyewitness (SP12) was materially inconsistent and not credible, and investigative/forensic evidence did not specifically and sufficiently link OKT1 and OKT2 to the fatal assault; therefore it was unsafe to call the accuseds to enter their defence and they were discharged and released.

Court Disposition

Prosecution failed to prove a prima facie case; both accused discharged and released without being called to enter defence.

Orders

  • Both accused (OKT1 and OKT2) are discharged and freed without being called to enter defence
  • No further orders recorded in judgment