Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Delay and adjournments

Legal area

Court

8 Jul 2022

[ ] WAN FATIHAH BINTI NADZRIN

Citation

AA-42LB-9-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42LB-9-10/2021 (Mahkamah Tinggi)

The High Court allowed the prosecution's appeal, finding the Sessions Court erred in ordering an acquittal and discharge. Given the prosecution's clear intention to continue, the need for further targeted investigations (LAZADA and telco) based on witness testimony, and delays attributable to COVID-19 and judicial reassignment rather than sole prosecutorial inaction, the impediment was temporary and surmountable; therefore DNAA was appropriate under section 254 KTJ.
8 Jul 2022

[ ] WAN FATIHAH BINTI NADZRIN

Citation

AA-42LB-11-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

AA-42LB-11-10/2021 (Mahkamah Tinggi)

The High Court found the prosecution had legitimate, articulable reasons (need to obtain evidence from LAZADA and telecoms) and had expressed clear intent to recommence prosecution after further investigations. Delays were attributable to COVID-19 restrictions and judicial reassignments rather than solely to the prosecution. These constituted 'good grounds' for a DNAA under s.254 CPC. Therefore the trial judge erred in granting an acquittal and discharge; the appropriate order is DNAA for the 34 charges.