PENDAKWARAYA MOHD ZUNAIDI BIN CHE MUSA [KP: 850131-03-5395]

PENDAKWARAYA MOHD ZUNAIDI BIN CHE MUSA [KP: 850131-03-5395]

Adjournment was refused because the prosecution failed to establish a reasonable cause (no subpoenas issued, inadequate and implausible explanations for witness absence, and the prosecutor's own conduct indicated readiness); given the accused's prolonged remand since 13/5/2019 and statutory discretion under s254(1) CPC the court ordered the accused's release under s254(1), noting s254(3) that the release is not an acquittal.

Citation
DA-45SOM-20-07/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya (Public Prosecutor) - Wong Siew Mun; Accused: Mohd Zunaidi bin Che Musa
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2021
Case Number
DA-45SOM-20-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Human Trafficking / Migrant Smuggling / Trial; Application for Adjournment Heard; Decision to Release Accused Under S254(1) CPC (discharge Without Acquittal)
Outcome
Application for adjournment refused; accused released from custody by order under section 254(1) Criminal Procedure Code (release not amounting to acquittal under s254(3)).
Legal Topics
Adjournment, Prosecutorial Duty, Release Without Acquittal, Pre Trial Detention/remand, Delay and Expeditious Trial
Source Language
Malay/English
Criminal Law Immigration Law Criminal Procedure National Security/anti Terrorism Adjournment Prosecutorial Duty Release Without Acquittal Pre Trial Detention/remand +1 more

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Parties

Pendakwa Raya (Public Prosecutor) - Wong Siew Mun

Prosecutor

Mohd Zunaidi bin Che Musa

Accused

Procedural Posture

Criminal Human Trafficking / Migrant Smuggling / Trial; Application for Adjournment Heard; Decision to Release Accused Under S254(1) CPC (discharge Without Acquittal)

Legal Issues

  1. 1 Whether an adjournment under section 259 CPC should be granted in the absence of reasonable cause
  2. 2 Whether the prosecution fulfilled its duty to call witnesses and make reasonable preparations (including issuing subpoenas)
  3. 3 Whether prolonged pre-trial detention and prosecution unreadiness justify release under section 254(1) CPC

Ratio Decidendi

Adjournment was refused because the prosecution failed to establish a reasonable cause (no subpoenas issued, inadequate and implausible explanations for witness absence, and the prosecutor's own conduct indicated readiness); given the accused's prolonged remand since 13/5/2019 and statutory discretion under s254(1) CPC the court ordered the accused's release under s254(1), noting s254(3) that the release is not an acquittal.

Court Disposition

Application for adjournment refused; accused released from custody by order under section 254(1) Criminal Procedure Code (release not amounting to acquittal under s254(3)).

Orders

  • Adjournment application by the prosecution refused
  • Accused Mohd Zunaidi bin Che Musa released from custody pursuant to section 254(1) Criminal Procedure Code