LOKMAN NOOR BIN ADAM

LOKMAN NOOR BIN ADAM

Prosecution failed to prove a prima facie case on all elements of Section 4(1): there was no conclusive evidence linking the accused to the Facebook page publication (digital forensics negative and no cooperation from Facebook), critical investigatory evidence (control centre/flight passenger lists) was not obtained, and there was no proof of intention or likelihood to cause public alarm; accordingly the accused was discharged and released without being called to enter defence.

Citation
WA-62CY-26-09/2021 (Mahkamah Sesyen)
Parties
Prosecutor: PENDAKWA RAYA; Accused: LOKMAN NOOR BIN ADAM
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 November 2023
Case Number
WA-62CY-26-09/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Ordinan Darurat (kuasa Kuasa Perlu) (no.2) 2021 (section 4(1)) / Judgment at End of Prosecution Case (discharge and Release)
Outcome
Accused discharged and released; prosecution failed to prove prima facie case
Legal Topics
Prima Facie, Section 114 a Evidence Act, Publication on Social Media, Digital Forensics, Investigative Sufficiency, Intent to Cause Public Alarm
Source Language
Malay/English
Criminal Law Evidence Cybercrime Public Order Prima Facie Section 114 a Evidence Act Publication on Social Media Digital Forensics +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PENDAKWA RAYA

Prosecutor

LOKMAN NOOR BIN ADAM

Accused

Procedural Posture

Criminal Ordinan Darurat (kuasa Kuasa Perlu) (no.2) 2021 (section 4(1)) / Judgment at End of Prosecution Case (discharge and Release)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 4(1) of the Emergency Ordinance
  2. 2 Whether the accused was the publisher/operator of the Facebook page and thus liable under s.114A Evidence Act 1950
  3. 3 Whether the accused intended or was likely to cause public alarm

Ratio Decidendi

Prosecution failed to prove a prima facie case on all elements of Section 4(1): there was no conclusive evidence linking the accused to the Facebook page publication (digital forensics negative and no cooperation from Facebook), critical investigatory evidence (control centre/flight passenger lists) was not obtained, and there was no proof of intention or likelihood to cause public alarm; accordingly the accused was discharged and released without being called to enter defence.

Court Disposition

Accused discharged and released; prosecution failed to prove prima facie case

Orders

  • Accused dilepas dan dibebaskan (discharged and released) without being called to enter defence
  • Prosecution's case dismissed for failure to establish prima facie case