[KETUA POLIS SELANGOR] DZULKHAIRI BIN MUHAMMAD

[KETUA POLIS SELANGOR] DZULKHAIRI BIN MUHAMMAD

Prosecution failed to establish a prima facie case because critical elements were not proved beyond reasonable doubt: the property was not reliably shown to be 80kg of squid, the chain of custody and identity of the exhibit were inconsistent and broken, witnesses gave materially inconsistent accounts and the prosecution failed to prove a further overt act constituting an attempt; accordingly accused were discharged and released.

Citation
BE-83RS-15-7/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Qusyairihilmi bin Shaharir; Accused: Abdul Hafeez bin Hanapiah; Accused: Dzulkhairi bin Muhammad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 May 2023
Case Number
BE-83RS-15-7/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Theft (attempt) / End of Prosecution Accused Discharged (no Prima Facie)
Outcome
Accused discharged and released (dilepaskan dan dibebaskan)
Legal Topics
Theft (s.379 Penal Code), Attempt (s.511 Penal Code), Prima Facie Proof, Chain of Custody, Witness Credibility, Investigation Obligations
Source Language
Malay/English
Criminal Law Evidence Procedure Theft (s.379 Penal Code) Attempt (s.511 Penal Code) Prima Facie Proof Chain of Custody Witness Credibility +1 more

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Parties

Pendakwa Raya

Prosecution

Qusyairihilmi bin Shaharir

Accused

Abdul Hafeez bin Hanapiah

Accused

Dzulkhairi bin Muhammad

Accused

Procedural Posture

Criminal Theft (attempt) / End of Prosecution Accused Discharged (no Prima Facie)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under s.379 read with s.511 Penal Code
  2. 2 Whether the property was proved to be a tong containing 80kg of squid
  3. 3 Whether chain of custody for the exhibit was intact

Ratio Decidendi

Prosecution failed to establish a prima facie case because critical elements were not proved beyond reasonable doubt: the property was not reliably shown to be 80kg of squid, the chain of custody and identity of the exhibit were inconsistent and broken, witnesses gave materially inconsistent accounts and the prosecution failed to prove a further overt act constituting an attempt; accordingly accused were discharged and released.

Court Disposition

Accused discharged and released (dilepaskan dan dibebaskan)

Orders

  • Qusyairihilmi bin Shaharir discharged and released
  • Abdul Hafeez bin Hanapiah discharged and released