MUHAMMAD MU'AZ BIN HASBULLAH

MUHAMMAD MU'AZ BIN HASBULLAH

The prosecution failed to establish a prima facie case because of material contradictions on date/time, conflicting photographic exhibits, the investigating officer's failure to seize and verify phone evidence, and the failure to call an important eyewitness (Bie), together with a prejudicially vague amendment to the charge; consequently it was unsafe to call the accused to enter his defence and the accused was discharged.

Citation
DA-62JSK-39-10/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Mu'az bin Hasbullah
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 December 2024
Case Number
DA-62JSK-39-10/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal (sexual Offences Against Children) / End of Prosecution Case Accused Discharged (no Prima Facie)
Outcome
Accused discharged and released from the amended charge (no prima facie case)
Legal Topics
Prima Facie Test, Burden of Proof, Credibility of Witnesses, Amendment of Charge, Investigation Deficiencies, Acquittal at Close of Prosecution Case
Source Language
Malay/English
Criminal Law Sexual Offences Child Protection Evidence Law Prima Facie Test Burden of Proof Credibility of Witnesses Amendment of Charge +2 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Mu'az bin Hasbullah

Accused

Procedural Posture

Criminal (sexual Offences Against Children) / End of Prosecution Case Accused Discharged (no Prima Facie)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under s14(a) read with s16(1) of the Sexual Offences Against Children Act 2017
  2. 2 Whether the complainant was a child at the time of the alleged offence
  3. 3 Whether the accused touched the complainant for a sexual purpose

Ratio Decidendi

The prosecution failed to establish a prima facie case because of material contradictions on date/time, conflicting photographic exhibits, the investigating officer's failure to seize and verify phone evidence, and the failure to call an important eyewitness (Bie), together with a prejudicially vague amendment to the charge; consequently it was unsafe to call the accused to enter his defence and the accused was discharged.

Court Disposition

Accused discharged and released from the amended charge (no prima facie case)

Orders

  • Accused discharged and released from the amended charge
  • Bail money returned (Wang jaminan dikembalikan)