Tn. Mohd. Radzi bin Abdul Razak Public Prosecutor [Attorney General’s Chambers] For the 1st Respondent … En. Al Sabri bin Hj Ahmad Kabri [Messrs. Al Sabri & Co.] For the 2nd Respondent … En. K. Annamalai Ramu a/l Kandasamy [Messrs. K.A Ramu

Tn. Mohd. Radzi bin Abdul Razak Public Prosecutor [Attorney General’s Chambers] For the 1st Respondent … En. Al Sabri bin Hj Ahmad Kabri [Messrs. Al Sabri & Co.] For the 2nd Respondent … En. K. Annamalai Ramu a/l Kandasamy [Messrs. K.A Ramu

SP1's evidence was found impeached and therefore rendered worthless; after expunging inadmissible material and evaluating remaining evidence on a maximum basis the prosecution failed to prove causation or any conclusive circumstantial chain linking the accused to the fatal assault; accordingly there was no prima facie case and the accused must be acquitted under s.180(2) CPC.

Citation
45B-30-07/2018 & 45B-51-11/2017 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Ganeson a/l Seethamparam; Accused: Ganesan a/l Arjunan; Accused: Mohd Noor bin Abdullah; Accused: Marvinraj a/l Baduel
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2019
Case Number
45B-30-07/2018 & 45B-51-11/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder Trial / End of Prosecution Case (trial Judge Found No Prima Facie Case)
Outcome
Acquitted and discharged under section 180(2) Criminal Procedure Code
Legal Topics
Murder Under S.302 Penal Code, Culpable Homicide S.299/s.300 Penal Code, Circumstantial Evidence, Impeachment of Witness, Admissibility of Accused Statements, Common Intention S.34 Penal Code, Procedure Under Courts of Judicature Act S.18
Source Language
Malay/English
Criminal Law Homicide Evidence Murder Under S.302 Penal Code Culpable Homicide S.299/s.300 Penal Code Circumstantial Evidence Impeachment of Witness Admissibility of Accused Statements +2 more

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Parties

Public Prosecutor

Prosecutor

Ganeson a/l Seethamparam

Accused

Ganesan a/l Arjunan

Accused

Mohd Noor bin Abdullah

Accused

Marvinraj a/l Baduel

Accused

Procedural Posture

Criminal Murder Trial / End of Prosecution Case (trial Judge Found No Prima Facie Case)

Legal Issues

  1. 1 Whether prosecution established a prima facie case of murder under s.302 Penal Code
  2. 2 Effect of impeachment of key witness on prosecution case
  3. 3 Whether circumstantial evidence suffices to connect accused to death

Ratio Decidendi

SP1's evidence was found impeached and therefore rendered worthless; after expunging inadmissible material and evaluating remaining evidence on a maximum basis the prosecution failed to prove causation or any conclusive circumstantial chain linking the accused to the fatal assault; accordingly there was no prima facie case and the accused must be acquitted under s.180(2) CPC.

Court Disposition

Acquitted and discharged under section 180(2) Criminal Procedure Code

Orders

  • Acquit and discharge all accused under s.180(2) Criminal Procedure Code