Malaysia Case Law: Decisions & Judgments

Citation

JA-62R-12-09/2022 (Mahkamah Sesyen)

Court

Sessions Court

Case number

JA-62R-12-09/2022 (Mahkamah Sesyen)

Prosecution failed to prove essential elements of the offence: although P12 was found to be forged, there was insufficient and contradictory evidence that the accused dishonestly used and sent that forged document within the charged timeframe and that he had reason to believe it was forged; inadequate investigation and failure to preserve or verify deleted email records produced reasonable doubt and prevented a prima facie case — therefore accused must be acquitted and discharged at the close of prosecution's case.

29 Nov 2024

1. ) HALIMATUN SAADIAH BINTI ISMAIL 2. ) NIZAM BIN MOHD NORDIN 1. ) Tenaga Nasional Berhad (TNB) 2. ) ROSDI BIN SHAFIE 3. ) KAMIL BIN HAMADAN 4. ) RIZAL BIN BUANG 5. ) PENGARAH JABATAN BOMBA DAN PENYELAMAT MALAYSIA 6. ) Kerajaan Malaysia

Citation: BF-B51-1-02/2021 (Mahkamah Sesyen)
Court: Sessions Court
Case number: BF-B51-1-02/2021 (Mahkamah Sesyen)

Court found on balance of probabilities that plaintiffs proved the fire involved and that the TNB service cable (licence-holder responsibility) was implicated; defendants failed to preserve material evidence and failed properly to investigate or attend the scene in accordance with statutory procedures (s5 Fire Services Act 1988) and internal protocols; foreseeability and proximity established; 5th and 6th defendants vicariously liable for acts of 2nd-4th; plaintiff entitlement to aggravated/exemplary damages but not general or special damages due to lack of evidential proof of pecuniary loss…

Malaysia Case Law

Khairul Anuar Bin Daud

1. ) HALIMATUN SAADIAH BINTI ISMAIL 2. ) NIZAM BIN MOHD NORDIN 1. ) Tenaga Nasional Berhad (TNB) 2. ) ROSDI BIN SHAFIE 3. ) KAMIL BIN HAMADAN 4. ) RIZAL BIN BUANG 5. ) PENGARAH JABATAN BOMBA DAN PENYELAMAT MALAYSIA 6. ) Kerajaan Malaysia