17 Jul 2023
1. ) MOHD HAFIDZOL BIN MOHD WAZIR 2. ) MUHAMMAD SYAZWAN BIN MD IBRAHIM
- Citation
- JA-82-10-02/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-82-10-02/2021 (Mahkamah Majistret)
Prosecution failed to prove essential elements of s223 read with s34 beyond a prima facie threshold: it did not prove the accused were public servants or that they were legally bound to confine the detainee (no admissible proof of employment/role) and failed to call a material witness who authored a key exhibit (P10), rendering parts of the case hearsay; on merits the accused had taken reasonable precautions under the available SOPs for a non‑risk detainee during COVID, so there was no culpable negligence. Therefore no prima facie case existed and the accused were discharged and acquitted.