Kulvinder Kaur

Kulvinder Kaur

Prosecution failed to make out a prima facie case on both charges because it did not prove accused had charge, management or control of the premises nor that accused breached PLKS; material weaknesses included failure to call a co-director and detained witnesses, reliance solely on SSM search and exhibits without linking evidence; accordingly accused was properly acquitted and discharged at the close of prosecution's case.

Citation
WA-62PT-898-10/2022 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Kulvinder Kaur
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
23 June 2023
Case Number
WA-62PT-898-10/2022 (Mahkamah Sesyen)
Procedural Posture
Criminal / End of Prosecution Case Accused Discharged and Acquitted (sessions Court)
Outcome
Accused acquitted and discharged at close of prosecution case
Legal Topics
Prima Facie, Burden of Proof, Adverse Inference S.114(g) Evidence Act, Section 55 E Immigration Act, Regulation 39(b) Immigration Regulations
Source Language
Malay/English
Immigration Law Criminal Procedure Evidence Law Prima Facie Burden of Proof Adverse Inference S.114(g) Evidence Act Section 55 E Immigration Act Regulation 39(b) Immigration Regulations

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Parties

Pendakwa Raya

Prosecution

Kulvinder Kaur

Defendant

Procedural Posture

Criminal / End of Prosecution Case Accused Discharged and Acquitted (sessions Court)

Legal Issues

  1. 1 Whether prosecution established a prima facie case for offences under s.55E Immigration Act 1959/63 and Reg 39(b) Immigration Regulations 1963
  2. 2 Whether accused was an occupier with control of the premises as required by s.55E
  3. 3 Whether accused breached conditions of Pas Lawatan Kerja Sementara (PLKS)

Ratio Decidendi

Prosecution failed to make out a prima facie case on both charges because it did not prove accused had charge, management or control of the premises nor that accused breached PLKS; material weaknesses included failure to call a co-director and detained witnesses, reliance solely on SSM search and exhibits without linking evidence; accordingly accused was properly acquitted and discharged at the close of prosecution's case.

Court Disposition

Accused acquitted and discharged at close of prosecution case

Orders

  • Accused Kulvinder Kaur is acquitted and discharged of both charges
  • No requirement for accused to enter defence (order of acquittal recorded)