Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Forced labour/exploitation

Legal area

Court

29 Nov 2024

1. ) RINESHINI NAIDU A/P KALAICHELVAN 2. ) VIJIYAN RAO A/L SUBRAMANIAM

Citation

BL-61ATIP-6-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-61ATIP-6-09/2022 (Mahkamah Sesyen)

Court found beyond reasonable doubt that prosecution proved elements of trafficking under s13(a) Akta 670 (acquisition/retention and exploitation by abuse of vulnerability), that the victim suffered numerous recent and old injuries consistent with repeated assault (forensic expert evidence excluded accidental fall), that joint intent by husband and wife existed under s34, that s326 was not proven as weapon element lacked proof but s325 was proved, and that employer (T2) also guilty under s55B Immigration Act; accordingly convictions, statutory compensation and sentences were imposed.
3 Feb 2022

ABDULLAH BIN ABD RAHMAN

Citation

CB-42LB-4-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-42LB-4-04/2021 (Mahkamah Tinggi)

On the totality of the prosecution evidence — victim's consistent account of unpaid labour, restricted communication, medical confirmation of recent blunt‑force injuries, and corroborative witness evidence of escape and report — the High Court found credible evidence of exploitation/forced labour under s13 ATIPSOM such that a prima facie case existed; the Sessions Court erred in dismissing the prosecution case based on speculative possibilities, therefore the appeal was allowed and the respondent ordered to be called to enter his defence.