Malaysia Case Law: Decisions & Judgments

Topic

Prima facie finding

Legal area

Court

16 Oct 2025

Chandrasekar Krishnamoorthy [ ]

Citation

B-05(SH)-393-08/2024 (Mahkamah Rayuan)
Court

SH
Case number

B-05(SH)-393-08/2024 (Mahkamah Rayuan)

Given the prior Court of Appeal finding of a prima facie case, the appellant failed to raise a reasonable doubt: the chain of custody was continuous and intact, investigative deficiencies were not established on the scant particulars provided by the appellant, and the innocent carrier defence failed because suspicious circumstances and material inconsistencies established at least wilful blindness; therefore conviction and sentence were affirmed.
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.
30 Nov 2022

1. ) DATO' SERI HJ. MUSTAFAR BIN HJ. ALI PENGERUSI LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 3. ) PENGERUSI L

Citation

J-01(A)-624-10/2021 (Mahkamah Rayuan)
Court

A
Case number

J-01(A)-624-10/2021 (Mahkamah Rayuan)

Court of Appeal held the High Court erred: the Disciplinary Authority and Appeal Board acted within their powers, there was no breach of natural justice as the respondent had submitted and the DA considered a written representation and was not obliged to hold an oral hearing or expressly state a prima facie finding in the show-cause letter; Regulation 37(2) was complied with; no Anisminic error was made; dismissal was within lawful discretion and proportionate. High Court decision quashing DA/DAB set aside and DA/DAB decisions restored.
14 Oct 2021

PUBLIC PROSECUTOR MOHAMMAD FADIL HANAPI BIN MD SAHIDEK

Citation

JB-43-3-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-43-3-08/2021 (Mahkamah Tinggi)

The High Court exercised its revisionary powers to set aside the succeeding Sessions Court's order for a de novo trial because the successor judge failed to provide reasons for reopening the prior prima facie finding; a change of judge does not automatically require a de novo trial and the successor must exercise s.261 discretion judiciously; recorded video/audio proceedings reduce need to recall witnesses. The previous Sessions Court ruling that the prosecution made out a prima facie case is restored and the defence may call witnesses who must be evaluated by the presiding Sessions Court Jud…
27 Sept 2019

1. MOHD KHAIRUL HAFIZ BIN YAAKOB 2. AZLAN BIN ABDUL KADIR

Citation

WA-42S(A)-4-10/2018 (Mahkamah Tinggi)
Court

A
Case number

WA-42S(A)-4-10/2018 (Mahkamah Tinggi)

The appeal was allowed and conviction and sentence quashed because the Sessions Court failed to make the mandatory distinct findings required by section 173 CrPC at the close of prosecution and at the close of defence, rendering the conviction unsafe and incapable of proper appellate re‑examination.

Malaysia Case Law

Chandrasekar Krishnamoorthy [ ]

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

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

1. ) DATO' SERI HJ. MUSTAFAR BIN HJ. ALI PENGERUSI LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 2. ) LEMBAGA TATATERTIB KUMPULAN SOKONGAN (NO. 1), JABATAN IMIGRESEN MALAYSIA, PUTRAJAYA 3. ) PENGERUSI L

PUBLIC PROSECUTOR MOHAMMAD FADIL HANAPI BIN MD SAHIDEK

1. MOHD KHAIRUL HAFIZ BIN YAAKOB 2. AZLAN BIN ABDUL KADIR