MOKTAR BIN RADIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

MOKTAR BIN RADIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The Sessions Court judge's acceptance of prior investigative written statements over the unequivocal oral testimony of material witnesses was perverse and unsupported by evidence; this constituted a gross irregularity warranting High Court revision under Section 323 CPC, and the proper remedy was to set aside the finding of prima facie case and acquit and discharge the applicants without calling them to enter defence.

Citation
WA-44-150-09/2022 (Mahkamah Tinggi)
Parties
1st Applicant: Mokhtar bin Radin; 2nd Applicant: Zizie Izzette binti A. Samad; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2023
Case Number
WA-44-150-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Revision of Sessions Court Finding / High Court Revision Under Section 323 CPC and Section 35 CJA
Outcome
Applications allowed; Sessions Court Judge's finding of prima facie case set aside; applicants acquitted and discharged without being called to enter their defence.
Legal Topics
Prima Facie Finding, Revisional Jurisdiction, Use of Previous Statements in Evidence, Presumption Under Section 50 MACC Act, Hostile Witness and Prior Inconsistent Statements
Source Language
Malay/English
Criminal Law Anti Corruption Law Procedural Law Evidence Law Prima Facie Finding Revisional Jurisdiction Use of Previous Statements in Evidence Presumption Under Section 50 MACC Act +1 more

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Parties

Mokhtar bin Radin

1st Applicant

Zizie Izzette binti A. Samad

2nd Applicant

Public Prosecutor

Respondent

Procedural Posture

Criminal Revision of Sessions Court Finding / High Court Revision Under Section 323 CPC and Section 35 CJA

Legal Issues

  1. 1 Whether a High Court may exercise revisional jurisdiction under Section 323 CPC over a Sessions Court's finding of a prima facie case
  2. 2 Whether the Sessions Court erred in preferring out-of-court written statements over the witnesses' oral testimony
  3. 3 Whether the presumption under Section 50 MACC Act was correctly invoked

Ratio Decidendi

The Sessions Court judge's acceptance of prior investigative written statements over the unequivocal oral testimony of material witnesses was perverse and unsupported by evidence; this constituted a gross irregularity warranting High Court revision under Section 323 CPC, and the proper remedy was to set aside the finding of prima facie case and acquit and discharge the applicants without calling them to enter defence.

Court Disposition

Applications allowed; Sessions Court Judge's finding of prima facie case set aside; applicants acquitted and discharged without being called to enter their defence.

Orders

  • Sessions Court Judge's decision setting a prima facie case is set aside
  • Order substituted with acquittal and discharge of both applicants without calling them to enter their defence