Ganesh a/l Nathan

Ganesh a/l Nathan

The prosecution failed to prove beyond reasonable doubt that the accused received RM1,400 because the key corroborative document (ID16) was hearsay and inadmissible due to loss of the original audio and lack of proof of the transcription, there were no independent witnesses to the handover and surrounding evidence...

Source-derived case information.

Citation
NA-61R-15-12/2021 (Mahkamah Sesyen)
Parties
Appellant: PENDAKWARAYA; Respondent: GANESH A/L NATHAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 September 2025
Case Number
NA-61R-15-12/2021 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Section 165 Penal Code, Past Payment, Admissibility of Hearsay, Domestic Inquiry Report, Credibility of Witness
Criminal Law Public Office/corruption Evidence Section 165 Penal Code Past Payment Admissibility of Hearsay Domestic Inquiry Report Credibility of Witness

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Summary, issues, holding and outcome

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Parties

PENDAKWARAYA

Appellant

GANESH A/L NATHAN

Respondent

Procedural Posture

Criminal / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused received RM1,400
  2. 2 Admissibility and evidential value of the domestic inquiry transcript (ID16) and lost audio recording
  3. 3 Reliability and motive of the complainant (PW3) as an interested witness

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused received RM1,400 because the key corroborative document (ID16) was hearsay and inadmissible due to loss of the original audio and lack of proof of the transcription, there were no independent witnesses to the handover and surrounding evidence did not adequately corroborate PW3's assertion; therefore the accused must be acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused is acquitted and discharged.