1. ) MOHD HAFIDZOL BIN MOHD WAZIR 2. ) MUHAMMAD SYAZWAN BIN MD IBRAHIM

1. ) MOHD HAFIDZOL BIN MOHD WAZIR 2. ) MUHAMMAD SYAZWAN BIN MD IBRAHIM

Prosecution failed to prove essential elements of s223 read with s34 beyond a prima facie threshold: it did not prove the accused were public servants or that they were legally bound to confine the detainee (no admissible proof of employment/role) and failed to call a material witness who authored a key exhibit (P10), rendering parts of the case hearsay; on merits the accused had taken reasonable precautions under the available SOPs for a non‑risk detainee during COVID, so there was no culpable negligence. Therefore no prima facie case existed and the accused were discharged and acquitted.

Citation
JA-82-10-02/2021 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused (okt1): MOHD HAFIDZOL BIN MOHD WAZIR; Accused (okt2): MUHAMMAD SYAZWAN BIN MD IBRAHIM
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 July 2023
Case Number
JA-82-10-02/2021 (Mahkamah Majistret)
Procedural Posture
Criminal Alleged Escape From Custody (s223 Penal Code Read With S34) / Trial Close of Prosecution (prima Facie)
Outcome
Accused discharged and acquitted; no prima facie case made out on charge under s223 Penal Code read with s34
Legal Topics
Escape From Custody, Negligence by Public Servant, Prima Facie Test, Prosecutorial Discretion, Documentary Evidence Admissibility, Operational SOP Compliance
Source Language
Malay/English
Criminal Law Immigration Law Evidence Law Escape From Custody Negligence by Public Servant Prima Facie Test Prosecutorial Discretion Documentary Evidence Admissibility +1 more

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Parties

PENDAKWA RAYA

Prosecution

MOHD HAFIDZOL BIN MOHD WAZIR

Accused (okt1)

MUHAMMAD SYAZWAN BIN MD IBRAHIM

Accused (okt2)

Procedural Posture

Criminal Alleged Escape From Custody (s223 Penal Code Read With S34) / Trial Close of Prosecution (prima Facie)

Legal Issues

  1. 1 Whether the accused were public servants as defined by s.21 and thus legally bound to confine the detainee
  2. 2 Whether the accused were legally bound to keep the detainee in custody at the material time
  3. 3 Whether the accused acted with culpable negligence causing the detainee's escape (s223 Penal Code)

Ratio Decidendi

Prosecution failed to prove essential elements of s223 read with s34 beyond a prima facie threshold: it did not prove the accused were public servants or that they were legally bound to confine the detainee (no admissible proof of employment/role) and failed to call a material witness who authored a key exhibit (P10), rendering parts of the case hearsay; on merits the accused had taken reasonable precautions under the available SOPs for a non‑risk detainee during COVID, so there was no culpable negligence. Therefore no prima facie case existed and the accused were discharged and acquitted.

Court Disposition

Accused discharged and acquitted; no prima facie case made out on charge under s223 Penal Code read with s34

Orders

  • OKT1 Mohd Hafidzol bin Mohd Wazir and OKT2 Muhammad Syazwan bin Md Ibrahim are discharged and acquitted of the amended charge under s223 read with s34 Penal Code (dated 18.9.2023)
  • Prosecution to take no further action in respect of the charge