ABDULLAH BIN KHALID

ABDULLAH BIN KHALID

Prosecution failed to prove a prima facie case under Section 506 because the complainant's credibility was materially undermined by contradictions and vested interest, the prosecution did not produce the first police report and failed to call other eyewitnesses whose absence warranted adverse inferences under s114(g), and the investigation was defective; accordingly the accused was discharged and acquitted without being called to defend.

Citation
NA-83-420-03/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Defendant: ABDULLAH BIN KHALID
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 December 2023
Case Number
NA-83-420-03/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Offence Under Section 506 Kanun Keseksaan (intimidation) / Close of Prosecution's Case (prima Facie Assessment)
Outcome
Accused discharged and acquitted; released from the charge under Section 506 Kanun Keseksaan without being called to enter defence.
Legal Topics
Intimidation (threats), Prima Facie Assessment, Credibility of Witnesses, Failure to Call Corroborating Witnesses, Defective Investigation, Evidence Act Presumptions (s114(g))
Source Language
Malay/English
Criminal Law Evidence Law Criminal Procedure Intimidation (threats) Prima Facie Assessment Credibility of Witnesses Failure to Call Corroborating Witnesses Defective Investigation +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

ABDULLAH BIN KHALID

Defendant

Procedural Posture

Criminal Offence Under Section 506 Kanun Keseksaan (intimidation) / Close of Prosecution's Case (prima Facie Assessment)

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under Section 506 Kanun Keseksaan
  2. 2 Whether the sole complainant (SP1) was a credible and reliable witness
  3. 3 Whether failure to call other eyewitnesses and to produce the first police report fatally undermined the prosecution case

Ratio Decidendi

Prosecution failed to prove a prima facie case under Section 506 because the complainant's credibility was materially undermined by contradictions and vested interest, the prosecution did not produce the first police report and failed to call other eyewitnesses whose absence warranted adverse inferences under s114(g), and the investigation was defective; accordingly the accused was discharged and acquitted without being called to defend.

Court Disposition

Accused discharged and acquitted; released from the charge under Section 506 Kanun Keseksaan without being called to enter defence.

Orders

  • Accused Abdullah Bin Khalid discharged and acquitted without being called to enter defence
  • Accused released and freed from the charge dated 16 January 2024 (Order of Majistret Syed Farid bin Syed Ali)