[ ] MOHD AZAM BIN SEMAN

[ ] MOHD AZAM BIN SEMAN

Prosecution failed to establish a prima facie case under s302 read with s149 because (a) the key eyewitness SP8 was an interested/accomplice witness whose identification of two defendants was unreliable and materially inconsistent, (b) prosecution did not prove existence of an unlawful assembly or the participation of the named others, and (c) prosecution withheld material CCTV evidence supporting defence narrative; accordingly it was unsafe to call accused to answer and they were discharged and acquitted.

Citation
DA-45B-3-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Mohd Rizal bin Seman; Defendant: Muhammad Zarudin bin Seman; Defendant: Mohd Azam bin Seman
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 January 2024
Case Number
DA-45B-3-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Murder Under Penal Code (s302) With Reliance on S149 Unlawful Assembly / End of Prosecution Case; Consideration of Prima Facie Case and Discharge (no Case to Answer)
Outcome
Accused discharged and acquitted; no case to answer (dilepas dan dibebaskan tanpa dipanggil membela diri).
Legal Topics
Murder, Unlawful Assembly (s141/s149), Accomplice Evidence, Identification Evidence, Adverse Inference for Withheld Evidence (s114 Evidence Act), CCTV Evidence
Source Language
Malay/English
Criminal Law Evidence Law Procedure Murder Unlawful Assembly (s141/s149) Accomplice Evidence Identification Evidence Adverse Inference for Withheld Evidence (s114 Evidence Act) +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Pendakwa Raya

Prosecution

Mohd Rizal bin Seman

Defendant

Muhammad Zarudin bin Seman

Defendant

Mohd Azam bin Seman

Defendant

Procedural Posture

Criminal Murder Under Penal Code (s302) With Reliance on S149 Unlawful Assembly / End of Prosecution Case; Consideration of Prima Facie Case and Discharge (no Case to Answer)

Legal Issues

  1. 1 Whether prosecution proved existence of unlawful assembly and common object under s149
  2. 2 Whether accused were members of that unlawful assembly
  3. 3 Reliability and admissibility of evidence of interested/accomplice witness (SP8)

Ratio Decidendi

Prosecution failed to establish a prima facie case under s302 read with s149 because (a) the key eyewitness SP8 was an interested/accomplice witness whose identification of two defendants was unreliable and materially inconsistent, (b) prosecution did not prove existence of an unlawful assembly or the participation of the named others, and (c) prosecution withheld material CCTV evidence supporting defence narrative; accordingly it was unsafe to call accused to answer and they were discharged and acquitted.

Court Disposition

Accused discharged and acquitted; no case to answer (dilepas dan dibebaskan tanpa dipanggil membela diri).

Orders

  • Accused Mohd Rizal bin Seman, Muhammad Zarudin bin Seman and Mohd Azam bin Seman are discharged and acquitted