Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie at close of prosecution case

Legal area

Court

19 Apr 2021

PENDAKWARAYA PUBLIC PROSECUTOR MOHAMAD ALRAZIQ BIN RAMLI

Citation

WA-45A-20-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-20-07/2019 (Mahkamah Tinggi)

The ruling made at the close of the prosecution's case was interlocutory and did not finally dispose of the rights of the parties; therefore it is not a 'decision' within s3 CJA and is not appealable under s50 CJA at this stage. The prosecution must await the final determination after the defence and final judgment to raise the issue on appeal.
17 Dec 2020

PENDAKWARAYA KIONG CHIAT SENG

Citation

PA-41S-1-01/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-41S-1-01/2018 (Mahkamah Tinggi)

The appeal was allowed because the prosecution failed to prove beyond reasonable doubt that the appellant's vehicle caused the victim's death. Material uncertainty arose from incomplete and inconclusive CCTV footage, unexplained investigatory conclusions by the investigating officer, and the prosecution's failure to call other drivers allegedly involved (creating a fatal gap). The magistrate did not perform the required maximum evaluation at the close of the prosecution's case; therefore a prima facie case was not established and the conviction could not stand.