1. ) Shah Erwan Bin Kasa @ Mansor 2. ) Andinor bin Zabidin

1. ) Shah Erwan Bin Kasa @ Mansor 2. ) Andinor bin Zabidin

The prosecution failed to establish a prima facie case on the charged offences and the alternative charges: material elements (receipt of money, corrupt purpose, reliable identification and duty records) were not proved, evidentiary inconsistencies and investigative deficiencies meant presumptions under s50 SPRM did not arise; accordingly the accused were properly discharged and acquitted at the close of the prosecution case.

Citation
KA-61R-12-10/2021 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Shah Erwan bin Kasa @ Mansor; Accused: Andinor bin Zabidin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
16 June 2024
Case Number
KA-61R-12-10/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal Corruption/bribery / Prosecution Case Closed; Accused Discharged and Acquitted at Close of Prosecution
Outcome
Both accused discharged and acquitted; prosecution failed to establish a prima facie case on all charges (original and alternative)
Legal Topics
Bribery, Prima Facie Assessment, Presumption Under S50 SPRM, Identification Evidence, Investigative Adequacy, Section 165 Penal Code (public Servant Receiving Valuable Thing)
Source Language
Malay/English
Criminal Law Anti Corruption Law Evidence and Procedure Bribery Prima Facie Assessment Presumption Under S50 SPRM Identification Evidence Investigative Adequacy +1 more

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Parties

Pendakwa Raya

Prosecution

Shah Erwan bin Kasa @ Mansor

Accused

Andinor bin Zabidin

Accused

Procedural Posture

Criminal Corruption/bribery / Prosecution Case Closed; Accused Discharged and Acquitted at Close of Prosecution

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under s17(a) of the SPRM Act 2009
  2. 2 Whether elements of receipt of gratification and corrupt intent were established
  3. 3 Whether presumptions under s50(1) and s50(3) SPRM arise

Ratio Decidendi

The prosecution failed to establish a prima facie case on the charged offences and the alternative charges: material elements (receipt of money, corrupt purpose, reliable identification and duty records) were not proved, evidentiary inconsistencies and investigative deficiencies meant presumptions under s50 SPRM did not arise; accordingly the accused were properly discharged and acquitted at the close of the prosecution case.

Court Disposition

Both accused discharged and acquitted; prosecution failed to establish a prima facie case on all charges (original and alternative)

Orders

  • Accused Shah Erwan bin Kasa @ Mansor discharged and acquitted of all charges without being called to enter defence
  • Accused Andinor bin Zabidin discharged and acquitted of all charges without being called to enter defence