1. ) WAN MOHD BUKHARY BIN SHARUDIN 2. ) TUNKU MUHAMMAD IKRAM BIN TUNKU AZNAN

1. ) WAN MOHD BUKHARY BIN SHARUDIN 2. ) TUNKU MUHAMMAD IKRAM BIN TUNKU AZNAN

Prosecution failed to establish a prima facie case against OKT-2 because identification evidence was unreliable and the purported link via a motorcycle discovered following accused's information under s27 was undermined by inconsistencies in chassis/engine/registration details, discrepant photographs and contradictory witness testimony; seized clothing and helmets did not match CCTV; therefore the evidence did not prove beyond the prima facie threshold that OKT-2 was one of the robbers.

Citation
WA-62J-26-08/2022 (Mahkamah Sesyen)
Parties
Prosecutor: Pendakwa Raya; Accused (deceased): Wan Mohd Bukhary bin Sharudin; Accused (unrepresented): Tunku Muhammad Ikram bin Tunku Aznan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 September 2023
Case Number
WA-62J-26-08/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal Gang Robbery (section 395 Penal Code) / Close of Prosecution; Prima Facie Hearing and Discharge Without Being Called to Enter Defence
Outcome
OKT-2 discharged and acquitted; proceedings against OKT-1 discontinued due to death
Legal Topics
Robbery (ragut), Prima Facie Standard, Section 27 Evidence Act (leading to Discovery), Identification Evidence, CCTV Evidence, Chain of Custody/forensic Identification
Source Language
Malay/English
Criminal Law Evidence Criminal Procedure Robbery (ragut) Prima Facie Standard Section 27 Evidence Act (leading to Discovery) Identification Evidence CCTV Evidence +1 more

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Parties

Pendakwa Raya

Prosecutor

Wan Mohd Bukhary bin Sharudin

Accused (deceased)

Tunku Muhammad Ikram bin Tunku Aznan

Accused (unrepresented)

Procedural Posture

Criminal Gang Robbery (section 395 Penal Code) / Close of Prosecution; Prima Facie Hearing and Discharge Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved prima facie that accused was one of the robbers
  2. 2 Admissibility and weight of information under s27 Evidence Act leading to discovery of motorcycle
  3. 3 Reliability of identification from CCTV and physical exhibits

Ratio Decidendi

Prosecution failed to establish a prima facie case against OKT-2 because identification evidence was unreliable and the purported link via a motorcycle discovered following accused's information under s27 was undermined by inconsistencies in chassis/engine/registration details, discrepant photographs and contradictory witness testimony; seized clothing and helmets did not match CCTV; therefore the evidence did not prove beyond the prima facie threshold that OKT-2 was one of the robbers.

Court Disposition

OKT-2 discharged and acquitted; proceedings against OKT-1 discontinued due to death

Orders

  • Accused Tunku Muhammad Ikram bin Tunku Aznan (OKT-2) is discharged and acquitted of the amended charge under Section 395 Penal Code without being called to enter his defence.
  • Proceedings in respect of Wan Mohd Bukhary bin Sharudin (OKT-1) discontinued due to death.