13 Sept 2019
PENDAKWARAYA PENDAKWARAYA 1. ) KARTIGHES A/L RAJA MANICKAM 2. ) NATHAN A/L MUNUSAMY
- Citation
- PA-83-688-07/2018 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- PA-83-688-07/2018 (Mahkamah Majistret)
The charge was defective because it omitted the essential mens rea element required by Section 186 and this omission could not be cured under Section 422; additionally the prosecution failed to prove mens rea and conducted an incomplete investigation (failure to call a key witness), therefore no prima facie case existed and the accused were discharged and acquitted.