29 Nov 2021
PENDAKWARAYA FAZILAWATI BINTI ABDUL RAHMAN
- Citation
- NA-62K-40-07/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- NA-62K-40-07/2019 (Mahkamah Sesyen)
The prosecution failed to establish a prima facie case under section 409 because it did not prove, on the evidence adduced, that the accused was positively entrusted with the specific sums alleged or that she exercised exclusive dominion over them; material discrepancies in amounts and handover documents, inconsistent signatures, inadequate documentary chain/ disclosure (notably P18), and evidence others had access to the safe and manager's office undermined entrustment and dishonest conversion elements; accordingly court discharged and acquitted the accused without calling her to answer.