Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

The High Court held it had jurisdiction under Section 323 CPC to revise the Sessions Court's prima facie finding; the Sessions Judge's acceptance of the prior written statements over the witnesses' in‑court testimony was perverse and amounted to a gross irregularity causing miscarriage of justice; accordingly the Sessions Court finding was set aside and replaced with an acquittal and discharge without calling the accused to enter their defence.

Citation
WA-44-151-09/2022 (Mahkamah Tinggi)
Parties
1st Applicant / Accused: Mokhtar bin Radin; 2nd Applicant / Accused: Zizie Izette binti A. Samad; Respondent: Public Prosecutor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2023
Case Number
WA-44-151-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Application for Revision Under Sections 323 and 325 Criminal Procedure Code / High Court Exercise of Revisional Jurisdiction
Outcome
Applications allowed; Sessions Court 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, Admissibility of Prior Statements, Presumption Under Section 50 MACC Act, Judicial Review of Interlocutory Orders
Source Language
Malay/English
Criminal Law Anti Corruption Law Procedural Law Prima Facie Finding Revisional Jurisdiction Admissibility of Prior Statements Presumption Under Section 50 MACC Act Judicial Review of Interlocutory Orders

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Parties

Mokhtar bin Radin

1st Applicant / Accused

Zizie Izette binti A. Samad

2nd Applicant / Accused

Public Prosecutor

Respondent

Procedural Posture

Criminal Application for Revision Under Sections 323 and 325 Criminal Procedure Code / High Court Exercise of Revisional Jurisdiction

Legal Issues

  1. 1 Whether a finding of prima facie case by the Sessions Court is subject to High Court revision under Section 323 CPC
  2. 2 Whether the Sessions Court erred in preferring out‑of‑court written statements over in‑court oral testimony of material witnesses (SP24 and SP25)
  3. 3 Whether the presumption under Section 50 MACC Act was correctly invoked

Ratio Decidendi

The High Court held it had jurisdiction under Section 323 CPC to revise the Sessions Court's prima facie finding; the Sessions Judge's acceptance of the prior written statements over the witnesses' in‑court testimony was perverse and amounted to a gross irregularity causing miscarriage of justice; accordingly the Sessions Court finding was set aside and replaced with an acquittal and discharge without calling the accused to enter their defence.

Court Disposition

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

Orders

  • Sessions Court oral ruling finding a prima facie case set aside
  • Order of acquittal and discharge of both applicants