PENDAKWARAYA Aza Fyreen Binti Abdul Aziz 1) MOHD FARID BIN KAMARUDDIN 2) AZZIZUL RAHIM BIN MOHAMAD

PENDAKWARAYA Aza Fyreen Binti Abdul Aziz 1) MOHD FARID BIN KAMARUDDIN 2) AZZIZUL RAHIM BIN MOHAMAD

Because of material and irreconcilable contradictions in identification evidence, coupled with investigative deficiencies and unreliable witness testimony, the prosecution failed to prove a prima facie case; accordingly the accused were discharged and acquitted without being called to enter defence.

Source-derived case information.

Citation
AA-62RS-48-10/2019 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Farid bin Kamaruddin; Defendant: Azzizul Rahim bin Mohamad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
AA-62RS-48-10/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal / Acquitted at Close of Prosecution; Prosecution Filed Appeal
Outcome
Defendants discharged and acquitted without being called to enter defence.
Legal Topics
Robbery in Company (section 395), Identification Evidence, Prima Facie, Identification Parade (kawad Cam), Burden of Proof
Criminal Law Evidence Law Penal Code Robbery in Company (section 395) Identification Evidence Prima Facie Identification Parade (kawad Cam) Burden of Proof

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Parties

Pendakwa Raya

Prosecution

Mohd Farid bin Kamaruddin

Defendant

Azzizul Rahim bin Mohamad

Defendant

Procedural Posture

Criminal / Acquitted at Close of Prosecution; Prosecution Filed Appeal

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for robbery in company under section 395 Penal Code
  2. 2 Contradictions in eyewitness identification and which defendant committed the act
  3. 3 Reliability of identification parade and use of interpreter

Ratio Decidendi

Because of material and irreconcilable contradictions in identification evidence, coupled with investigative deficiencies and unreliable witness testimony, the prosecution failed to prove a prima facie case; accordingly the accused were discharged and acquitted without being called to enter defence.

Court Disposition

Defendants discharged and acquitted without being called to enter defence.

Orders

  • Defendants Mohd Farid bin Kamaruddin and Azzizul Rahim bin Mohamad are discharged and acquitted and released; judgment dated 19 November 2020 by Indra Nehru Savandiah.