PENDAKWARAYA PENDAKWARAYA SYED MUHAMMAD FIRDAUS BIN SAYED MOHD AHMAR

PENDAKWARAYA PENDAKWARAYA SYED MUHAMMAD FIRDAUS BIN SAYED MOHD AHMAR

Prosecution failed to prove beyond reasonable doubt that either accused authored or forged the false statement in the company form; credible defence evidence and documentary evidence (exhibit D39) showed instruction and delivery by others and produced reasonable doubt. Because the principal offence was not proved,...

Source-derived case information.

Citation
CB-62-19-09/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Accused: Syed Mohd Hasnie bin Sayed Mohd Khan; Accused: Mamadou Ndaw
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 March 2021
Case Number
CB-62-19-09/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal / Judgment on Defence (acquittal and Release)
Outcome
Both accused (Syed Mohd Hasnie bin Sayed Mohd Khan and Mamadou Ndaw) acquitted and discharged
Legal Topics
False Statement in Company Documents, Forgery of Signature, Abetment/subahat, Circumstantial Evidence, Reasonable Doubt, Companies Act 1965 S.364(2)
Criminal Law Company Law Evidence Law False Statement in Company Documents Forgery of Signature Abetment/subahat Circumstantial Evidence Reasonable Doubt +1 more

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Parties

Pendakwa Raya

Prosecution

Syed Mohd Hasnie bin Sayed Mohd Khan

Accused

Mamadou Ndaw

Accused

Procedural Posture

Criminal / Judgment on Defence (acquittal and Release)

Legal Issues

  1. 1 Whether the accused committed an offence under section 364(2) of the Companies Act 1965 by making a false statement in Form 32A/P13
  2. 2 Whether the prosecution produced sufficient circumstantial or direct evidence to prove forgery or authorship of the false statement beyond reasonable doubt
  3. 3 Whether the second accused was guilty of abetment/subahat read with section 109 Penal Code given the role alleged

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that either accused authored or forged the false statement in the company form; credible defence evidence and documentary evidence (exhibit D39) showed instruction and delivery by others and produced reasonable doubt. Because the principal offence was not proved, and the alleged abetment amounted only to aiding, the second accused could not be convicted. Both accused are therefore acquitted and discharged.

Court Disposition

Both accused (Syed Mohd Hasnie bin Sayed Mohd Khan and Mamadou Ndaw) acquitted and discharged

Orders

  • Accused Syed Mohd Hasnie bin Sayed Mohd Khan is released, acquitted and discharged of the charges under section 364(2) Companies Act 1965
  • Accused Mamadou Ndaw is released, acquitted and discharged of the charges read with section 109 Penal Code