Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fair trial / duty to investigate
  • 19 Dec 2024

    MOHAMAD IKHWAN BIN MAHAT

    Citation
    WA-82-26-06/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-82-26-06/2023 (Mahkamah Majistret)

    Prosecution failed to prove the first essential element of extortion — that the accused intentionally put the named complainant in fear — because the complainant and the Chinese passenger were not called, the viral video was not admitted or formally translated, eyewitnesses at scene did not observe the accused demanding or receiving money and one eyewitness could not identify the accused; investigatory omissions prejudiced the defence; therefore no prima facie case existed and the accused must be acquitted.