PENDAKWARAYA MOHD LIZA AZMIE BIN MD DARUS

PENDAKWARAYA MOHD LIZA AZMIE BIN MD DARUS

Prosecution failed to prove the essential elements of section 420 beyond reasonable doubt because (1) material inconsistencies existed in witness accounts about whether defendant represented himself as agent, where and to whom cash was handed, and timing of transactions; (2) several bank deposits bore non-investment descriptions or were into accounts of Aboy, undermining allegation that payments were investments into Seputeh Resources and that defendant received them; (3) critical seized ledger books were not produced to defence and thus the evidential trail was incomplete; and (4) recordings and defence witnesses supported defendant's position as employee/investor rather than agent —...

Citation
NA-62K-01-01/2016; NA-62K-02-01/2016; NA-62K-03-01/2016; NA-62K-04-01/2016 & NA-62K-05-01/2016 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Liza Azmie bin Md Darus
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 July 2021
Case Number
NA-62K-01-01/2016; NA-62K-02-01/2016; NA-62K-03-01/2016; NA-62K-04-01/2016 & NA-62K-05-01/2016 (Mahkamah Sesyen)
Procedural Posture
Criminal (cheating) / Judgment at Trial Court (acquittal)
Outcome
Defendant acquitted and discharged of all 14 amended charges under section 420 Penal Code read with section 34
Legal Topics
Cheating Under Section 420 Penal Code, Dishonest Inducement, Burden of Proof and Reasonable Doubt, Witness Credibility and Inconsistencies, Documentary Evidence (bank Records, Ledgers, Recordings)
Source Language
Malay/English
Criminal Law Evidence Financial Crime Securities Law Cheating Under Section 420 Penal Code Dishonest Inducement Burden of Proof and Reasonable Doubt Witness Credibility and Inconsistencies +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Liza Azmie bin Md Darus

Defendant

Procedural Posture

Criminal (cheating) / Judgment at Trial Court (acquittal)

Legal Issues

  1. 1 Whether defendant represented himself as agent/remiser of Seputeh Resources and made false representation to the complainant
  2. 2 Whether any dishonest inducement (intent to cause wrongful gain) by defendant existed at time of alleged acts
  3. 3 Whether payments were made as investments into Seputeh Resources or for other purposes and whether they were received by defendant

Ratio Decidendi

Prosecution failed to prove the essential elements of section 420 beyond reasonable doubt because (1) material inconsistencies existed in witness accounts about whether defendant represented himself as agent, where and to whom cash was handed, and timing of transactions; (2) several bank deposits bore non-investment descriptions or were into accounts of Aboy, undermining allegation that payments were investments into Seputeh Resources and that defendant received them; (3) critical seized ledger books were not produced to defence and thus the evidential trail was incomplete; and (4) recordings and defence witnesses supported defendant's position as employee/investor rather than agent —...

Court Disposition

Defendant acquitted and discharged of all 14 amended charges under section 420 Penal Code read with section 34

Orders

  • Defendant released and discharged from all 14 amended charges