31 Dec 2023
[Polis Diraja Malaysia (PDRM)] 1. ) MOHD RAZEF BIN MOHAMED HARIP 2. ) MUHAMMAD SHAHRULIMAN BIN JOHARI
- Citation
- JF-83-587-11/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JF-83-587-11/2020 (Mahkamah Majistret)
Prosecution did not prove a prima facie case because it failed to show that the accused ever requested RM40,000 or engaged in overt acts directed to consummating cheating; material gaps existed (incomplete forensic report and failure to call material witness Dato' Mohd Faridz) giving rise to adverse inference under Section 114(g) Evidence Act; on maximum evaluation the court was not prepared to convict if accused remained silent, therefore accused were discharged and acquitted without calling defence.