Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Investigative obligations

Legal area

Court

27 Aug 2025

[ ] MOHD IKRAM BIN MOHD ARIFF

Citation

DF-83D-253-02/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DF-83D-253-02/2025 (Mahkamah Majistret)

The prosecution failed to prove a prima facie case because it did not call essential arresting witnesses to link each accused to the seized items, identification was unreliable given poor visibility, the premises were openly accessible so exclusivity of control was not established, and investigative steps to rebut alibis and alternative access were inadequate; accordingly accused were discharged at the close of the prosecution case.
25 Nov 2020

PENDAKWARAYA Public Prosecutor YMF Industries Sdn Bhd

Citation

BK-S2-63ES-16-04/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-S2-63ES-16-04/2019 (Mahkamah Sesyen)

Prosecution failed to establish a prima facie case under s.180 CPC because there was no credible evidence linking YMF Industries to carrying out the prescribed or emission-causing activities at the premises at the material time: occupancy and tenancy were unproven or expired, machines and materials were not seized or proven in chain, no pollution readings or samples, and the investigation was incomplete; accordingly accused acquitted and discharged at the close of the prosecution's case.