Malaysia Case Law: Decisions & Judgments

Topic

Presumption under section 50 macc act

Legal area

Court

11 Aug 2025

AZROL BIN KHALIL

Citation

BA-42R(A)-8-12/2024 (Mahkamah Tinggi)
Court

A
Case number

BA-42R(A)-8-12/2024 (Mahkamah Tinggi)

Appeal dismissed: trial court's factual findings were reasonable and supported by admissible evidence (phone recordings not 'intercepts' under s43 where recorded with participant consent, pinhole/CCTV authenticated by forensic report and defence concessions); written authorization from Public Prosecutor not required to be exhibited absent challenge; s50 presumption applied and appellant failed to rebut it; conviction and sentence upheld.
7 Sept 2023

Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-44-151-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-151-09/2022 (Mahkamah Tinggi)

The High Court held it had jurisdiction under Section 323 CPC to revise the Sessions Court's prima facie finding; the Sessions Judge's acceptance of the prior written statements over the witnesses' in‑court testimony was perverse and amounted to a gross irregularity causing miscarriage of justice; accordingly the Sessions Court finding was set aside and replaced with an acquittal and discharge without calling the accused to enter their defence.
7 Sept 2023

MOKTAR BIN RADIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

Citation

WA-44-150-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-44-150-09/2022 (Mahkamah Tinggi)

The Sessions Court judge's acceptance of prior investigative written statements over the unequivocal oral testimony of material witnesses was perverse and unsupported by evidence; this constituted a gross irregularity warranting High Court revision under Section 323 CPC, and the proper remedy was to set aside the finding of prima facie case and acquit and discharge the applicants without calling them to enter defence.
23 Mar 2021

1. MOHD ARIF BIN AB RAHMAN 2. AHMAD ZUKHAIRI BIN MOHD ARIF PUBLIC PROSECUTOR

Citation

WA-42(R)(A)-4-11/2018; WA-42R-13-11/2018; WA-42R-14-11/2018 (Mahkamah Tinggi)
Court

R
Case number

WA-42(R)(A)-4-11/2018; WA-42R-13-11/2018; WA-42R-14-11/2018 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: identifications and corroborating evidence proved the appellants' involvement in corruption and abetment; the second appellant's alibi was discredited by positive eyewitness identification; appellants failed to rebut the statutory presumption under MACC Act s50 on a balance of probabilities; the statutory misdescription in the trial judge's reasoning was harmless and curable under CPC s422; sentences were not manifestly excessive and are upheld.

Malaysia Case Law

AZROL BIN KHALIL

Zizie Izette binti A Samad [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

MOKTAR BIN RADIN [Suruhanjaya Pencegahan Rasuah Malaysia (SPRM)]

1. MOHD ARIF BIN AB RAHMAN 2. AHMAD ZUKHAIRI BIN MOHD ARIF PUBLIC PROSECUTOR