HALIM BIN OTHMAN

HALIM BIN OTHMAN

Prosecution failed to prove a prima facie case because material contradictions existed between eyewitnesses (SP1/SP2) and the investigating officer (SP3) on the location and position of collision, and SP2's inconsistent testimony about his position undermined reliability; where two reasonable inferences arise the one favorable to accused must be adopted, therefore accused was discharged and acquitted at the close of the prosecution.

Citation
KA-86POL-1427-01/2025 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Halim bin Othman
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 October 2025
Case Number
KA-86POL-1427-01/2025 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic (failure to Control Vehicle) / Acquittal at Close of Prosecution (magistrate Discharged Accused); Prosecution Filed Appeal
Outcome
Accused discharged and acquitted at the close of the prosecution; released without being called to enter defence.
Legal Topics
Prima Facie Case, Burden of Proof at Close of Prosecution, Witness Credibility and Contradictions, Location of Incident, Benefit of Doubt, Section 119(2) Road Transport Act 1987, Rule 10 LN 166/59
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Procedure Prima Facie Case Burden of Proof at Close of Prosecution Witness Credibility and Contradictions Location of Incident +3 more

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Parties

Pendakwa Raya

Prosecutor

Halim bin Othman

Accused

Procedural Posture

Criminal Road Traffic (failure to Control Vehicle) / Acquittal at Close of Prosecution (magistrate Discharged Accused); Prosecution Filed Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case that accused failed to control vehicle at the specified location
  2. 2 Whether contradictions in witnesses and investigating officer undermine prosecution case
  3. 3 Whether inconsistencies in eyewitness position and statements created reasonable doubt requiring acquittal

Ratio Decidendi

Prosecution failed to prove a prima facie case because material contradictions existed between eyewitnesses (SP1/SP2) and the investigating officer (SP3) on the location and position of collision, and SP2's inconsistent testimony about his position undermined reliability; where two reasonable inferences arise the one favorable to accused must be adopted, therefore accused was discharged and acquitted at the close of the prosecution.

Court Disposition

Accused discharged and acquitted at the close of the prosecution; released without being called to enter defence.

Orders

  • Halim bin Othman is ordered to be released and acquitted and is discharged from the charge without being called to enter his defence.