15 Apr 2022
[Timbalan (TPR), Jabatan Peguam Negara] ZAINUBA BINTI ABU BAKAR
- Citation
- CB-83-27-01/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CB-83-27-01/2020 (Mahkamah Majistret)
Prosecution failed to prove the crucial element that the accused induced the complainant to part with RM20,000 by deception because the deception was shown to originate from a third party ('Tuan Haji') and not from the accused; additionally the charge was defective for failing to allege how the accused deceived the complainant and investigative omissions (absence of phone call logs/forensics) left reasonable doubt. Therefore no prima facie case existed and the accused was discharged and released.