Malaysia Case Law: Decisions & Judgments

Topic

Police misconduct

Legal area

Court

26 Mar 2025

1. ) AHMAD FAIRUZ BIN SAJADI 2. ) KAMARUL ARIFIN BIN ABDUL RAHIM 3. ) ABDUL RAHMAN BIN IBRAHIM 4. ) MOHAMAD ASRI BIN SUDIN

Citation

CB-83D-1280-07/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1280-07/2023 (Mahkamah Majistret)

The court found the PDPs bore near-identical wording across accused with different recording officers, supporting an inference they were pre-prepared and possibly signed under police instruction; that defendants were denied the opportunity to present their defence at investigation stage and therefore were deprived of a fair trial; accordingly the prosecution failed to prove guilt beyond reasonable doubt and the accused were acquitted and discharged.
14 Nov 2024

MOHD HANAFI BIN MOHD ZAKI [ ]

Citation

DA-42S(A)-1-10/2023 (Mahkamah Tinggi)
Court

A
Case number

DA-42S(A)-1-10/2023 (Mahkamah Tinggi)

The High Court dismissed the appeals because the earlier High Court order had established a prima facie case and the appellants' defence failed to create reasonable doubt; the appellate court must defer to trial findings on credibility and factual matters and there was no legal error or manifest unsafety in the convictions or in the sentences, which were not manifestly excessive.
28 Feb 2023

PERAKASH VRMAN A/L MANOGARAN

Citation

AB-82-13-12/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AB-82-13-12/2020 (Mahkamah Majistret)

Prosecution established all elements of section 323 beyond reasonable doubt on credible and consistent evidence (victim, eyewitness, medical report); the charge was not defective; absence of usable CCTV did not attract adverse inference; section 173A discharge was unsuitable given the facts and accused's status as a police officer; therefore convict and impose sentence (fine RM2000 or 3 months imprisonment).

Malaysia Case Law

1. ) AHMAD FAIRUZ BIN SAJADI 2. ) KAMARUL ARIFIN BIN ABDUL RAHIM 3. ) ABDUL RAHMAN BIN IBRAHIM 4. ) MOHAMAD ASRI BIN SUDIN

MOHD HANAFI BIN MOHD ZAKI [ ]

PERAKASH VRMAN A/L MANOGARAN