NUHAIRI BIN IDRIS

NUHAIRI BIN IDRIS

Prosecution failed to adduce the essential ‘punca kuasa’ (written delegation/AP69 or equivalent) establishing that the accused was authorised and thus entrusted to receive public funds; combined with inability to reliably link the initials on handover records to the accused and absence of precise proof of handover or method of misappropriation, the prosecution did not make out a prima facie case. Therefore the accused must be discharged and acquitted without being called to enter defence.

Citation
AC-62K-2-02/2021 (Mahkamah Sesyen)
Parties
Prosecutor: Public Prosecutor; Defendant: Nuhairi bin Idris
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 March 2023
Case Number
AC-62K-2-02/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal (criminal Breach of Trust Under Section 409 Penal Code) / Trial — Discharged and Acquitted (no Prima Facie Case; Defence Not Called)
Outcome
Accused discharged and acquitted of all charges; no need to call accused to enter defence
Legal Topics
Criminal Breach of Trust, Entrustment and Dominion, No Prima Facie Case, Adverse Inference (s114(g) Evidence Act), Authority to Collect Public Funds (treasury Instruction Ap69)
Source Language
Malay/English
Criminal Law Evidence Criminal Breach of Trust Entrustment and Dominion No Prima Facie Case Adverse Inference (s114(g) Evidence Act) Authority to Collect Public Funds (treasury Instruction Ap69)

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 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Public Prosecutor

Prosecutor

Nuhairi bin Idris

Defendant

Procedural Posture

Criminal (criminal Breach of Trust Under Section 409 Penal Code) / Trial — Discharged and Acquitted (no Prima Facie Case; Defence Not Called)

Legal Issues

  1. 1 Whether the accused was a public servant entrusted with public funds
  2. 2 Whether prosecution proved written or other authority (punca kuasa) empowering accused to collect funds
  3. 3 Whether receipt evidence (P2(A-Q) initials) sufficiently linked to accused

Ratio Decidendi

Prosecution failed to adduce the essential ‘punca kuasa’ (written delegation/AP69 or equivalent) establishing that the accused was authorised and thus entrusted to receive public funds; combined with inability to reliably link the initials on handover records to the accused and absence of precise proof of handover or method of misappropriation, the prosecution did not make out a prima facie case. Therefore the accused must be discharged and acquitted without being called to enter defence.

Court Disposition

Accused discharged and acquitted of all charges; no need to call accused to enter defence

Orders

  • Accused Nuhairi bin Idris discharged and acquitted of the 13 charges under Section 409 Penal Code dated 30.5.2023