Malaysia Case Law: Decisions & Judgments

Topic

Investigative sufficiency

Legal area

Court

10 Jun 2025

1. ) MOHAMED ABUBAKKAR JAHUBAR ALI 2. ) NASURUN IBRAMSHA JAHIR HUSSAIN

Citation

NA-83-1296-10/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NA-83-1296-10/2021 (Mahkamah Majistret)

The prosecution failed to establish a prima facie case on both charges because it did not prove that OKT1 had possession of or knowledge about the prohibited/dutiable goods; investigative gaps (unsealed rear access, failure to seize keys, no evidence from the registered business owner, presence of other patrons) left reasonable doubt; therefore OKT1 is acquitted and released and OKT2 was previously discharged not amounting to acquittal (DNAA).
17 Mar 2025

MOHD SHARWANDY BIN SOLLAHUDIN

Citation

KA-42ES-1-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-42ES-1-06/2024 (Mahkamah Tinggi)

Charges under s.68(2)(a) and s.86(1)(c) of Act 716 are distinct (general unlawful keeping vs keeping in a manner causing suffering); prosecution adduced sufficient prima facie evidence of possession/control of 81 pangolins by the appellant; minor investigative omissions and small inconsistencies do not undermine the overall case; therefore convictions and sentences of the Sessions Court are upheld and appeals dismissed.
7 Nov 2023

LOKMAN NOOR BIN ADAM

Citation

WA-62CY-26-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-62CY-26-09/2021 (Mahkamah Sesyen)

Prosecution failed to prove a prima facie case on all elements of Section 4(1): there was no conclusive evidence linking the accused to the Facebook page publication (digital forensics negative and no cooperation from Facebook), critical investigatory evidence (control centre/flight passenger lists) was not obtained, and there was no proof of intention or likelihood to cause public alarm; accordingly the accused was discharged and released without being called to enter defence.
13 Oct 2020

PENDAKWARAYA PP GOH YEK LING

Citation

MA-83-580-07/2019 & MA-83-581-07/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-83-580-07/2019 & MA-83-581-07/2019 (Mahkamah Majistret)

The prosecution failed to prove a prima facie case under Section 424 because there was no evidence of dishonest intention or overt acts by the accused to assist in concealing or removing the complainant's property; investigative gaps (TAC ownership unverified, no CCTV or full money trail, no nexus to intermediaries) meant the court would not be prepared to convict if the accused remained silent, therefore discharge under s173(f)(ii) CPC was warranted.

Malaysia Case Law

1. ) MOHAMED ABUBAKKAR JAHUBAR ALI 2. ) NASURUN IBRAMSHA JAHIR HUSSAIN

MOHD SHARWANDY BIN SOLLAHUDIN

LOKMAN NOOR BIN ADAM

PENDAKWARAYA PP GOH YEK LING