Paiman Bin Shakimon [Timbalan (TPR), Jabatan Peguam Negara]

Paiman Bin Shakimon [Timbalan (TPR), Jabatan Peguam Negara]

The Court allowed the appeal and held that the High Court wrongly and summarily relied on a JPN.KP10 extract produced from the prosecution table without affidavit or inquiry when the appellant disputed identity; because execution of a 13-year custodial sentence required careful proof of identity, the JPN.KP10 in the...

Source-derived case information.

Citation
W-09-333-12/2021 (Mahkamah Rayuan)
Parties
Appellant: Paiman bin Shakimon (also known as Aldrin Pratama Widjaja); Respondent: Pendakwa Raya (Public Prosecutor)
Court
Court of Appeal
Jurisdiction
Malaysia
Judgment Date
26 September 2023
Case Number
W-09-333-12/2021 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Order Enforcing Warrant of Commitment
Outcome
Appeal allowed; High Court order enforcing warrant of commitment set aside; matter remitted to High Court to conduct inquiry on identity
Legal Topics
Identity Verification, Biometric Fingerprint Evidence, Admissibility of Official Extracts, Affidavit Requirement, Right to Be Heard, Execution of Warrant of Commitment
Criminal Law Evidence Law Procedural Law Administrative Law Identity Verification Biometric Fingerprint Evidence Admissibility of Official Extracts Affidavit Requirement +2 more

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Parties

Paiman bin Shakimon (also known as Aldrin Pratama Widjaja)

Appellant

Pendakwa Raya (Public Prosecutor)

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Appeal From High Court Order Enforcing Warrant of Commitment

  1. 1 Whether the High Court erred in enforcing a warrant of commitment without holding an inquiry to determine identity
  2. 2 Whether the Cabutan Daftar Kad Pengenalan (JPN.KP10) was admissible as produced from counsel's table rather than by affidavit
  3. 3 Whether reliance on a JPN.KP10 and the manner it was produced violated the appellant's right to be heard and amounted to a denial of justice

Ratio Decidendi

The Court allowed the appeal and held that the High Court wrongly and summarily relied on a JPN.KP10 extract produced from the prosecution table without affidavit or inquiry when the appellant disputed identity; because execution of a 13-year custodial sentence required careful proof of identity, the JPN.KP10 in the form tendered was inadmissible and an inquiry must be held by the High Court to determine whether the appellant is the person named in the warrant.

Court Disposition

Appeal allowed; High Court order enforcing warrant of commitment set aside; matter remitted to High Court to conduct inquiry on identity

Orders

  • Appeal allowed
  • Decision of High Court dated 2.12.2021 enforcing warrant of commitment set aside