NORDIN BIN ABDUL AZIZ

NORDIN BIN ABDUL AZIZ

Applying the mandatory maximum evaluation at the close of the prosecution case the court found the primary witness (SP1) not credible, prosecution failed to prove the essential element that the accused was careless in controlling the motorcycle, and therefore no prima facie case was established; accused must be acquitted and discharged.

Citation
AJ-86POL-643-02/2024 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: NORDIN BIN ABDUL AZIZ
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 October 2025
Case Number
AJ-86POL-643-02/2024 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Offence / Close of Prosecution Case
Outcome
Accused acquitted and discharged at close of prosecution case
Legal Topics
Failure to Control Vehicle, Negligent Driving, Prima Facie Assessment, Charge Sufficiency, Witness Credibility
Source Language
Malay/English
Criminal Law Road Traffic Law Criminal Procedure Failure to Control Vehicle Negligent Driving Prima Facie Assessment Charge Sufficiency Witness Credibility

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Parties

PENDAKWA RAYA

Prosecution

NORDIN BIN ABDUL AZIZ

Accused

Procedural Posture

Criminal Road Traffic Offence / Close of Prosecution Case

Legal Issues

  1. 1 Whether the prosecution proved a prima facie case under Rule 10 LN 166/59 read with s.119(2) and s.128(1) Road Transport Act 1987
  2. 2 Whether the charge was defective
  3. 3 Whether the primary prosecution witness (SP1) was credible

Ratio Decidendi

Applying the mandatory maximum evaluation at the close of the prosecution case the court found the primary witness (SP1) not credible, prosecution failed to prove the essential element that the accused was careless in controlling the motorcycle, and therefore no prima facie case was established; accused must be acquitted and discharged.

Court Disposition

Accused acquitted and discharged at close of prosecution case

Orders

  • Accused Nordin bin Abdul Aziz is acquitted and discharged