PENDAKWARAYA TPR- Tuan Muhammad Syafiq Bin Mohd Ghazali SAM KE TING (diwakili Peguambela Encik Faizal Bin Mokhtar)

PENDAKWARAYA TPR- Tuan Muhammad Syafiq Bin Mohd Ghazali SAM KE TING (diwakili Peguambela Encik Faizal Bin Mokhtar)

At close of the prosecution case, after maximum evaluation of all prosecution evidence the court found fatal defects: identity of the driver was not conclusively established; material and irreconcilable inconsistencies existed in witness and investigation records; police investigation was incomplete and prejudicial; expert reports yielded multiple inferences (including a speed consistent with compliance) and forensics had methodological weaknesses. Those failures left no reliable prima facie case on the elements of s.41(1), therefore accused must be discharged and released without being called to enter defence.

Citation
83J-22-03/2017 (Mahkamah Majistret)
Parties
Prosecutor: PENDAKWARAYA; Defendant: SAM KE TING
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 October 2019
Case Number
83J-22-03/2017 (Mahkamah Majistret)
Procedural Posture
Criminal — Road Traffic (section 41(1) Road Transport Act 1987) / Close of Prosecution / End of Prosecution Case (accused Discharged Without Being Called to Enter Defence)
Outcome
Accused (Sam Ke Ting) discharged and released without being called upon to enter defence; no prima facie case established
Legal Topics
Dangerous Driving Under S.41(1) RTA 1987, Causing Death by Dangerous Driving, Competency and Corroboration of Child Witnesses, Admissibility and Evidential Value of Police First Information Reports, Adequacy of Police Investigation, Sight Distance and Road Geometry, Vehicle Safety Systems (abs/airbag), Identification of Deceased
Source Language
Malay/English
Criminal Law Road Traffic Law Evidence Law Forensic Science Juvenile Law Dangerous Driving Under S.41(1) RTA 1987 Causing Death by Dangerous Driving Competency and Corroboration of Child Witnesses +5 more

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Parties

PENDAKWARAYA

Prosecutor

SAM KE TING

Defendant

Procedural Posture

Criminal — Road Traffic (section 41(1) Road Transport Act 1987) / Close of Prosecution / End of Prosecution Case (accused Discharged Without Being Called to Enter Defence)

Legal Issues

  1. 1 Whether the prosecution proved identity of the driver beyond reasonable doubt
  2. 2 Whether the accused drove recklessly or in a manner dangerous to the public under s.41(1) RTA 1987
  3. 3 Whether the prosecution established causation between driving and deaths

Ratio Decidendi

At close of the prosecution case, after maximum evaluation of all prosecution evidence the court found fatal defects: identity of the driver was not conclusively established; material and irreconcilable inconsistencies existed in witness and investigation records; police investigation was incomplete and prejudicial; expert reports yielded multiple inferences (including a speed consistent with compliance) and forensics had methodological weaknesses. Those failures left no reliable prima facie case on the elements of s.41(1), therefore accused must be discharged and released without being called to enter defence.

Court Disposition

Accused (Sam Ke Ting) discharged and released without being called upon to enter defence; no prima facie case established

Orders

  • Accused discharged and acquitted without being called to enter defence
  • Return driving licence immediately