[ ] SURAYA BINTI IBRAHIM

[ ] SURAYA BINTI IBRAHIM

The prosecution failed to adduce credible and sufficient evidence to prove the accused used or affixed the unrecognised emblem on vehicle VCS 45 or that she had exclusive possession/control of that vehicle; reliance on screenshots and incomplete investigation (lack of SUK confirmation) meant no prima facie case was established, requiring acquittal.

Citation
DA-62-17-04/2023 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused/respondent: Suraya Binti Ibrahim
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 December 2024
Case Number
DA-62-17-04/2023 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Use of Unrecognised Honours/emblems, Prima Facie Case, Burden of Proof, Investigation Standards
Source Language
Malay/English
Criminal Law Evidence Use of Unrecognised Honours/emblems Prima Facie Case Burden of Proof Investigation Standards

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Parties

Pendakwa Raya

Prosecution

Suraya Binti Ibrahim

Accused/respondent

Procedural Posture

Criminal / Judgment (acquittal)

Legal Issues

  1. 1 Whether the accused used an unrecognised emblem on vehicle registration VCS 45 as alleged
  2. 2 Whether prosecution proved the accused had possession, control or exclusive use of the vehicle
  3. 3 Whether the prosecution established a prima facie case with credible evidence

Ratio Decidendi

The prosecution failed to adduce credible and sufficient evidence to prove the accused used or affixed the unrecognised emblem on vehicle VCS 45 or that she had exclusive possession/control of that vehicle; reliance on screenshots and incomplete investigation (lack of SUK confirmation) meant no prima facie case was established, requiring acquittal.

Court Disposition

Accused acquitted and discharged

Orders

  • Suraya Binti Ibrahim acquitted and discharged of the charge under Section 5B(5) Enakmen Lambang-Lambang dan Nama-Nama (Mencegah Daripada Disalahguna) 1977 (Kelantan Enakmen Bil 8/1977)
  • Bail monies returned