PENDAKWARAYA PUBLIC PROSECUTOR (1) SAIFUL ANUAR SHAHABUDDIN (2) MOHD SALLEHUDDIN ADHA

PENDAKWARAYA PUBLIC PROSECUTOR (1) SAIFUL ANUAR SHAHABUDDIN (2) MOHD SALLEHUDDIN ADHA

PW1's identification evidence was of poor quality given fleeting observation for the first accused, difficult viewing conditions and stress, lack of pre-trial description, a flawed identification parade with material procedural defects and no independent supporting evidence; investigating officer failed to investigate alibi disclosures; accordingly prosecution did not make out a prima facie case and the accused were acquitted.

Citation
BK – 62RS – 6 – 03/2019 & BK – 62RS – 8 – 03/2019 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Saiful Anuar Shahabuddin; Accused: Mohd Sallehuddin Adha
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
7 November 2020
Case Number
BK – 62RS – 6 – 03/2019 & BK – 62RS – 8 – 03/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (ss. 395/397 Penal Code) / End of Prosecution Case Court Considers Prima Facie Case; Acquittal Ordered
Outcome
Acquitted and discharged at the end of the prosecution case
Legal Topics
Robbery, Gang Robbery, Identification Evidence, Identification Parade, Dock Identification, Alibi, Police Investigation
Source Language
Malay/English
Criminal Law Robbery Gang Robbery Identification Evidence Identification Parade Dock Identification Alibi Police Investigation

Case Brief

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Parties

Public Prosecutor

Prosecution

Saiful Anuar Shahabuddin

Accused

Mohd Sallehuddin Adha

Accused

Procedural Posture

Criminal Gang Robbery (ss. 395/397 Penal Code) / End of Prosecution Case Court Considers Prima Facie Case; Acquittal Ordered

Legal Issues

  1. 1 Whether prosecution established a prima facie case
  2. 2 Reliability of eyewitness identification by PW1
  3. 3 Validity and probative value of the identification parade

Ratio Decidendi

PW1's identification evidence was of poor quality given fleeting observation for the first accused, difficult viewing conditions and stress, lack of pre-trial description, a flawed identification parade with material procedural defects and no independent supporting evidence; investigating officer failed to investigate alibi disclosures; accordingly prosecution did not make out a prima facie case and the accused were acquitted.

Court Disposition

Acquitted and discharged at the end of the prosecution case

Orders

  • Saiful Anuar Shahabuddin acquitted and discharged
  • Mohd Sallehuddin Adha acquitted and discharged