NAVINRAH A/L K.RAJAH

NAVINRAH A/L K.RAJAH

Given prosecution's inability to produce the key raids officer despite ample time and repeated delays, the prolonged detention and uncertainty (accused detained nearly four years) amounted to unfair prejudice; the court therefore exercised its discretionary power under s.254(3) CPC to discharge and acquit the accused (DAA) rather than leave a DNAA that would permit uncertain future prosecution.

Citation
BA-45A-79-12/2020 (Mahkamah Tinggi)
Parties
Prosecutor (appellant): Pendakwa Raya; Accused (respondent): Navinrah A/L K. Rajah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 June 2023
Case Number
BA-45A-79-12/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal / Discharge Application Under Section 254 Criminal Procedure Code Before Judgment
Outcome
Accused Navinrah A/L K. Rajah discharged and acquitted from all charges
Legal Topics
Withdrawal of Charges, Discharge Not Amounting to Acquittal (dnaa), Discharge and Acquittal (daa), Section 254 CPC, Public Prosecutor Discretion
Source Language
Malay/English
Criminal Law Prosecution Discretion Drugs Law Criminal Procedure Withdrawal of Charges Discharge Not Amounting to Acquittal (dnaa) Discharge and Acquittal (daa) Section 254 CPC +1 more

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Parties

Pendakwa Raya

Prosecutor (appellant)

Navinrah A/L K. Rajah

Accused (respondent)

Procedural Posture

Criminal / Discharge Application Under Section 254 Criminal Procedure Code Before Judgment

Legal Issues

  1. 1 Whether the Public Prosecutor may withdraw charges and seek discharge under s.254 CPC
  2. 2 Whether the court should exercise its discretion to order discharge amounting to acquittal (DAA) instead of discharge not amounting to acquittal (DNAA)
  3. 3 Whether prolonged uncertainty and inability to secure a key prosecution witness justifies DAA

Ratio Decidendi

Given prosecution's inability to produce the key raids officer despite ample time and repeated delays, the prolonged detention and uncertainty (accused detained nearly four years) amounted to unfair prejudice; the court therefore exercised its discretionary power under s.254(3) CPC to discharge and acquit the accused (DAA) rather than leave a DNAA that would permit uncertain future prosecution.

Court Disposition

Accused Navinrah A/L K. Rajah discharged and acquitted from all charges

Orders

  • Accused Navinrah A/L K. Rajah is released, discharged and acquitted (dilepas dan dibebaskan) from all charges under section 254(3) Criminal Procedure Code.
  • Order dated 20 June 2023 by Roszianayati bin Ahmad, Judicial Commissioner, High Court Criminal 3, Shah Alam, Selangor.