Malaysia Case Law: Decisions & Judgments

Topic

Investigative duties

Legal area

Court

14 Jul 2025

[TIMBALAN ] MOHD RUSDI BIN MD DESA

Citation

KA-45A-15-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-15-04/2022 (Mahkamah Tinggi)

Prosecution failed to prove a prima facie case because it did not establish an unbroken and satisfactorily explained chain of custody and failed to exclude reasonable inferences of third‑party access to the exhibit (P24); investigative lapses and conflicting narratives about post‑seizure movements created reasonable doubt as to exclusive possession, therefore the accused must be discharged.
20 Dec 2024

Intan Biotech Industries Sdn. Bhd.

Citation

ND-87-110-03/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

ND-87-110-03/2023 (Mahkamah Majistret)

Magistrate held that although the sample was shown to be adulterated (contained sildenafil) and packaging bore the Company name, credible testimonial evidence (notably from the Company's employee) created reasonable doubt as to provenance and identity of the impugned product and the investigating officer failed to verify that alternate account; therefore prosecution did not establish a prima facie case to call the Company to enter defence and the Company was acquitted and discharged.
10 Jan 2022

PENDAKWARAYA PUBLIC PROSECUTOR RAMAN A/L PERIASAMY

Citation

BK – S2 – 62JSK – 12 – 05 -2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK – S2 – 62JSK – 12 – 05 -2020 (Mahkamah Sesyen)

Maximum evaluation of prosecution evidence exposed material, unaddressed contradictions and investigative deficiencies that fatally undermined credibility and reliability of key prosecution witnesses including the child witness; the child’s evidence was not 'unusually convincing' nor sufficiently corroborated and prosecution’s failures (late sketch plan disclosure, failure to seize impugned item, inadequate lighting inquiry) justified adverse inference and destroyed any prima facie case under s.180 CPC — therefore accused must be acquitted and discharged without being called to enter defence.
29 Jul 2020

PENDAKWARAYA PENDAKWARAYA SYED 'AFIF FIKRI BIN SYED ABU HUSSIN

Citation

45A-50-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

45A-50-05/2019 (Mahkamah Tinggi)

Prosecution failed to prove exclusive possession and knowledge of the accused over the bags containing Cannabis and left material gaps in investigation (notably absence of fingerprint analysis and contradictions in police records), therefore no prima facie case was established and the accused must be acquitted.

Malaysia Case Law

[TIMBALAN ] MOHD RUSDI BIN MD DESA

Intan Biotech Industries Sdn. Bhd.

PENDAKWARAYA PUBLIC PROSECUTOR RAMAN A/L PERIASAMY

PENDAKWARAYA PENDAKWARAYA SYED 'AFIF FIKRI BIN SYED ABU HUSSIN