[KETUA POLIS SELANGOR] QUSYAIRIHILMI BIN SHAHARIR

[KETUA POLIS SELANGOR] QUSYAIRIHILMI BIN SHAHARIR

On the prosecution evidence as a whole there was no reliable prima facie case: the identity and 80kg weight of the drum were not established, chain of custody and investigative steps were deficient, material inconsistencies existed between key witnesses and there was no credible proof of the requisite overt act of attempt; therefore accused must be discharged and released.

Citation
BE-83RS-13-6/2020 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Qusyairihilmi Bin Shaharir; Accused: Abdul Hafeez Bin Hanapiah; Accused: Dzulkhairi Bin Muhammad; Complainant: Tan Gek Yong
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2023
Case Number
BE-83RS-13-6/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (attempt) / Prosecution Closed Accused Discharged Without Being Called to Enter Defence
Outcome
Accused discharged and acquitted (dilepaskan dan dibebaskan)
Legal Topics
Theft, Attempt, Prima Facie Burden, Chain of Custody, Witness Credibility, Identification
Source Language
Malay/English
Criminal Law Evidence Procedure Theft Attempt Prima Facie Burden Chain of Custody Witness Credibility +1 more

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Parties

Public Prosecutor

Prosecution

Qusyairihilmi Bin Shaharir

Accused

Abdul Hafeez Bin Hanapiah

Accused

Dzulkhairi Bin Muhammad

Accused

Tan Gek Yong

Complainant

Procedural Posture

Criminal Theft (attempt) / Prosecution Closed Accused Discharged Without Being Called to Enter Defence

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under Section 379 read with Section 511 Penal Code
  2. 2 Whether the property alleged (a yellow drum containing 80kg squid) was sufficiently identified and weight proved
  3. 3 Whether chain of custody and investigation into exhibits was intact

Ratio Decidendi

On the prosecution evidence as a whole there was no reliable prima facie case: the identity and 80kg weight of the drum were not established, chain of custody and investigative steps were deficient, material inconsistencies existed between key witnesses and there was no credible proof of the requisite overt act of attempt; therefore accused must be discharged and released.

Court Disposition

Accused discharged and acquitted (dilepaskan dan dibebaskan)

Orders

  • Cases BE-83RS-13-6/2020, BE-82RS-1-7/2020 and BE-83RS-15-7/2020 were tried together
  • Accused Qusyairihilmi Bin Shaharir, Abdul Hafeez Bin Hanapiah and Dzulkhairi Bin Muhammad are discharged and released on all charges