PENDAKWARAYA Tn. Mohd. Radzi bin Abdul Razak together with Pn. Joy Jothi Nadrarasan and Pn. Annur Atiqah Public Prosecutor [Attorney General’s Chambers] Putrajaya Y.Bhg Datuk R.S. Sodhi together with En. Sukhdev Singh [Messrs. Sukhdev & Co.

PENDAKWARAYA Tn. Mohd. Radzi bin Abdul Razak together with Pn. Joy Jothi Nadrarasan and Pn. Annur Atiqah Public Prosecutor [Attorney General’s Chambers] Putrajaya Y.Bhg Datuk R.S. Sodhi together with En. Sukhdev Singh [Messrs. Sukhdev & Co.

Prosecution failed to establish a prima facie case for murder under s300/302 Penal Code: key evidential links were inadmissible or unreliable (CCTV/CD not proved under s90A; WhatsApp messages unauthenticated; DNA cigarette butt not temporally or causally conclusive), material witnesses not called and alternative hypotheses (suicide, accident, other persons) were not excluded; on maximum evaluation the court was not prepared to convict and accordingly acquitted the accused without calling him to enter his defence under s180 CPC.

Citation
WA-45B-27-03/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Jasendran A/L Sanmugam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 August 2020
Case Number
WA-45B-27-03/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder / End of Prosecution Case (judgment on Whether a Prima Facie Case Is Made)
Outcome
Accused acquitted of the charge under Section 302 Penal Code; acquitted without being called to enter his defence
Legal Topics
Murder (s302 Penal Code), Culpable Homicide (s299/s300 Penal Code), Admissibility of Computer/cctv Evidence (s90 a Evidence Act 1950), Last Seen Together Doctrine, Circumstantial Evidence, Authentication of Electronic Messages, Duty Under S180 CPC
Source Language
Malay/English
Criminal Law Evidence Law Forensic Evidence Procedure Murder (s302 Penal Code) Culpable Homicide (s299/s300 Penal Code) Admissibility of Computer/cctv Evidence (s90 a Evidence Act 1950) Last Seen Together Doctrine +3 more

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Parties

Public Prosecutor

Prosecutor

Jasendran A/L Sanmugam

Accused

Procedural Posture

Criminal Murder / End of Prosecution Case (judgment on Whether a Prima Facie Case Is Made)

Legal Issues

  1. 1 Whether prosecution established prima facie case for murder under s300/302 Penal Code
  2. 2 Admissibility and probative value of CCTV and computer-produced records under s90A Evidence Act 1950
  3. 3 Authentication and reliability of WhatsApp messages

Ratio Decidendi

Prosecution failed to establish a prima facie case for murder under s300/302 Penal Code: key evidential links were inadmissible or unreliable (CCTV/CD not proved under s90A; WhatsApp messages unauthenticated; DNA cigarette butt not temporally or causally conclusive), material witnesses not called and alternative hypotheses (suicide, accident, other persons) were not excluded; on maximum evaluation the court was not prepared to convict and accordingly acquitted the accused without calling him to enter his defence under s180 CPC.

Court Disposition

Accused acquitted of the charge under Section 302 Penal Code; acquitted without being called to enter his defence

Orders

  • Accused acquitted of the charge; no further orders recorded in judgment