Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Bank transaction evidence

Legal area

Court

12 Jul 2023

MOHD AL-RIDHUAN BIN AHMAD ZAINI

Citation

WA-61R-40-12/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-61R-40-12/2020 (Mahkamah Sesyen)

Prosecution failed to establish a prima facie case on all charges because material gaps, contradictions and lack of corroboration left fundamental elements unproven — notably receipt of corrupt monies by the accused, identification and illegal status of alleged passengers, admissibility and reliability of key recorded statement, and proper proof of bank/account ownership — therefore accused discharged and acquitted without being called to enter defence.
26 Apr 2021

PENDAKWARAYA Timbalan 1. ) Danesh Jay Jagesh 2. ) Damian Chin Mun Kee

Citation

BH-83-830-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BH-83-830-07/2019 (Mahkamah Majistret)

Prosecution failed to establish identity and control of the bank account holder as the extortionist beyond reasonable doubt; material gaps (absence of ATM CCTV and unexplained withdrawals while accused were in custody) undermined the only direct link (bank transfer) and thus no prima facie case existed to call for defence; accordingly both accused were acquitted.