24 Mar 2022
MOHD PANDI BIN AB LATIF
- Citation
- DA-83-311-07/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DA-83-311-07/2020 (Mahkamah Majistret)
The charge under s5(2) Moneylenders Act 1951 was legally defective for omitting essential particulars (interest rate and total repayment) and the prosecution failed to prove the necessary elements (that accused carried on a moneylending business with system/continuity, charged and received interest and enjoyed profit); contradictions in evidence and failure to call key transferees/witnesses created a prejudicial gap that could not be cured by CPC s422, therefore there was no prima facie case and the accused was discharged (DNAA).