LEE YEW FAI

LEE YEW FAI

Prosecution failed to prove the essential element that the accused employed the three foreign nationals; supervisory presence and control of premises and production of a roster were insufficient to establish an employer-employee relationship or payment, therefore no prima facie case existed and the accused was properly discharged and acquitted at the end of the prosecution case.

Citation
BA-83-1775-11/2019 (Mahkamah Majistret)
Parties
Prosecution: Penda k wa Raya; Accused: Lee Yew Fai
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 April 2023
Case Number
BA-83-1775-11/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Immigration / Magistrate Court Judgment Acquitting Accused at End of Prosecution Case; Prosecution Has Filed Appeal
Outcome
Accused discharged and acquitted (lepas dan bebas) at end of prosecution case
Legal Topics
Employment of Foreign Workers, Prima Facie Burden of Proof, Depositions Under Section 40 a, Employer Employee Relationship, Acquittal at End of Prosecution Case
Source Language
Malay/English
Immigration Law Criminal Procedure Evidence Law Magistrates' Court Practice Employment of Foreign Workers Prima Facie Burden of Proof Depositions Under Section 40 a Employer Employee Relationship +1 more

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Parties

Penda k wa Raya

Prosecution

Lee Yew Fai

Accused

Procedural Posture

Criminal Immigration / Magistrate Court Judgment Acquitting Accused at End of Prosecution Case; Prosecution Has Filed Appeal

Legal Issues

  1. 1 Whether the accused employed three foreign nationals without valid work passes
  2. 2 Whether prosecution proved employer-employee relationship required under Section 55B(1) Immigration Act
  3. 3 Whether depositions under Section 40A are admissible without deportation order

Ratio Decidendi

Prosecution failed to prove the essential element that the accused employed the three foreign nationals; supervisory presence and control of premises and production of a roster were insufficient to establish an employer-employee relationship or payment, therefore no prima facie case existed and the accused was properly discharged and acquitted at the end of the prosecution case.

Court Disposition

Accused discharged and acquitted (lepas dan bebas) at end of prosecution case

Orders

  • Accused Lee Yew Fai discharged and acquitted of charge under Section 55B(1) Immigration Act 1959/63
  • Case particulars recorded on 5 July 2023