MUHAMMAD SYAIFULLAH BIN ZAKARIA

MUHAMMAD SYAIFULLAH BIN ZAKARIA

Prosecution failed to prove the essential element of driving without due care and attention under s43(1) because material gaps and inconsistencies (centre‑line scratch marks on both directions, bone fragments on accused's lane, credible evidence of high speed by motorcycle and Alza following motorlori) left reasonable doubt; accordingly no prima facie case was established and accused was discharged and acquitted without being called to enter his defence.

Citation
JI-86POL-4413-10/2023 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Muhammad Syaifullah bin Zakaria
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 October 2025
Case Number
JI-86POL-4413-10/2023 (Mahkamah Majistret)
Procedural Posture
Criminal Road Traffic Offence / Close of Prosecution (prima Facie Hearing)
Outcome
Accused discharged and acquitted; no prima facie case to call accused to enter defence under s43(1) Road Transport Act 1987
Legal Topics
Reckless Driving, Section 43(1) Road Transport Act 1987, Prima Facie Threshold, Admission of Medical Reports (s399 Cpc), Adverse Inference for Non‑production of Witnesses (s114 Evidence Act)
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Reckless Driving Section 43(1) Road Transport Act 1987 Prima Facie Threshold Admission of Medical Reports (s399 Cpc) Adverse Inference for Non‑production of Witnesses (s114 Evidence Act)

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Parties

Pendakwa Raya

Prosecution

Muhammad Syaifullah bin Zakaria

Accused

Procedural Posture

Criminal Road Traffic Offence / Close of Prosecution (prima Facie Hearing)

Legal Issues

  1. 1 Whether prosecution proved element of driving without due care and attention under s43(1) RTA 1987
  2. 2 Whether a prima facie case was established at close of prosecution case
  3. 3 Admissibility of medical report under s399 Criminal Procedure Code

Ratio Decidendi

Prosecution failed to prove the essential element of driving without due care and attention under s43(1) because material gaps and inconsistencies (centre‑line scratch marks on both directions, bone fragments on accused's lane, credible evidence of high speed by motorcycle and Alza following motorlori) left reasonable doubt; accordingly no prima facie case was established and accused was discharged and acquitted without being called to enter his defence.

Court Disposition

Accused discharged and acquitted; no prima facie case to call accused to enter defence under s43(1) Road Transport Act 1987

Orders

  • Accused Muhammad Syaifullah bin Zakaria is discharged and acquitted of the charge under Section 43(1) Akta Pengangkutan Jalan 1987
  • Exhibits admitted as per judgment (including P1-P6 and photographic exhibits)