MARIAM BEEVI BINTI M. SULTAN ALAUDIN

MARIAM BEEVI BINTI M. SULTAN ALAUDIN

Prosecution failed to produce primary documents (original passports) or admissible secondary evidence linking visa numbers in P2 to originals; P2 is only a summary prepared by PW1 and lacks independent verification; PW1 was inconsistent and uncorroborated; therefore prosecution did not prove the essential element of deception beyond reasonable doubt and failed to establish a prima facie case under s420, warranting acquittal at close of prosecution.

Citation
WA-83-650-01/2022 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Defendant: Mariam Beevi binti M. Sultan Alaudin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 May 2023
Case Number
WA-83-650-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Magistrate Court / Trial Concluded at Close of Prosecution; Accused Acquitted and Discharged; Prosecution Appealed
Outcome
Accused acquitted and discharged for lack of prima facie case
Legal Topics
Cheating Under Section 420 Penal Code, Prima Facie Standard at Close of Prosecution, Best Evidence Rule and Admissibility of Documents, Witness Credibility Assessment, Adverse Inference Under Evidence Act
Source Language
Malay/English
Criminal Law Evidence Law Cheating Under Section 420 Penal Code Prima Facie Standard at Close of Prosecution Best Evidence Rule and Admissibility of Documents Witness Credibility Assessment Adverse Inference Under Evidence Act

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Parties

Public Prosecutor

Prosecutor

Mariam Beevi binti M. Sultan Alaudin

Defendant

Procedural Posture

Criminal Magistrate Court / Trial Concluded at Close of Prosecution; Accused Acquitted and Discharged; Prosecution Appealed

Legal Issues

  1. 1 whether prosecution produced primary or admissible secondary evidence to prove fake visas and thereby deception
  2. 2 whether complainant (PW1) was a credible and corroborated witness
  3. 3 whether failure to call certain witnesses or produce WhatsApp messages justified adverse inference

Ratio Decidendi

Prosecution failed to produce primary documents (original passports) or admissible secondary evidence linking visa numbers in P2 to originals; P2 is only a summary prepared by PW1 and lacks independent verification; PW1 was inconsistent and uncorroborated; therefore prosecution did not prove the essential element of deception beyond reasonable doubt and failed to establish a prima facie case under s420, warranting acquittal at close of prosecution.

Court Disposition

Accused acquitted and discharged for lack of prima facie case

Orders

  • Accused Mariam Beevi binti M. Sultan Alaudin is acquitted and discharged for charge under Section 420 Penal Code due to failure by prosecution to establish prima facie case