1. Ali Saifuddin 2. Nor Azmi Jailani 3. Mohd Yusri Mohamed Yusof

1. Ali Saifuddin 2. Nor Azmi Jailani 3. Mohd Yusri Mohamed Yusof

The Court of Appeal held the trial judge made a material misdirection by relying on the respondents' denials and neutral witness statements without evaluating the totality of prosecution evidence in the maximum favourable light required; credible testimony from multiple prosecution witnesses and corroborating audio exhibit established agreement to promote violent acts and conspiracy beyond reasonable doubt, warranting overturning the acquittal, conviction under s130G(a)/s120B(1) and imposition of imprisonment.

Citation
W-05(LB)-607-12/2018 (Mahkamah Rayuan)
Parties
Appellant: Pendakwa Raya; Respondent: Ali Saifuddin; Respondent: Nor Azmi Jailani; Respondent: Mohd Yusri Mohamed Yusof
Court
LB
Jurisdiction
Malaysia
Judgment Date
15 April 2019
Case Number
W-05(LB)-607-12/2018 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal / Appeal From High Court Acquittal at End of Defence; Court of Appeal Convicted and Sentenced Respondents
Outcome
Appeal allowed; High Court acquittal set aside; respondents convicted and sentenced
Legal Topics
Conspiracy, Promotion of Terrorism, Assessment of Defence at End of Prosecution, Appeal Against Acquittal, Sentencing for Terrorism Offences
Source Language
Malay/English
Criminal Law Terrorism Law Procedural Law Evidence Law Conspiracy Promotion of Terrorism Assessment of Defence at End of Prosecution Appeal Against Acquittal +1 more

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Parties

Pendakwa Raya

Appellant

Ali Saifuddin

Respondent

Nor Azmi Jailani

Respondent

Mohd Yusri Mohamed Yusof

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Acquittal at End of Defence; Court of Appeal Convicted and Sentenced Respondents

Legal Issues

  1. 1 Whether trial judge erred in accepting defendants' bare denials at end of defence without evaluating prosecution evidence maximally under s182A CPC
  2. 2 Whether trial judge wrongly treated neutral witnesses SD4 and SD5 as supporting defence and thereby created reasonable doubt
  3. 3 Whether prosecution proved conspiracy to promote violence under s130G(a) read with s120B(1) beyond reasonable doubt

Ratio Decidendi

The Court of Appeal held the trial judge made a material misdirection by relying on the respondents' denials and neutral witness statements without evaluating the totality of prosecution evidence in the maximum favourable light required; credible testimony from multiple prosecution witnesses and corroborating audio exhibit established agreement to promote violent acts and conspiracy beyond reasonable doubt, warranting overturning the acquittal, conviction under s130G(a)/s120B(1) and imposition of imprisonment.

Court Disposition

Appeal allowed; High Court acquittal set aside; respondents convicted and sentenced

Orders

  • Acquittal by High Court set aside
  • Ali Saifuddin convicted of being party to conspiracy to promote violence (s130G(a) read with s120B(1)) and sentenced to 12 years' imprisonment effective 5.4.2015