9 Dec 2021
PENDAKWARAYA NICOLAS KEE MA
- Citation
- CB-45SOM-4-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45SOM-4-12/2019 (Mahkamah Tinggi)
Prosecution failed to prove a prima facie case that the accused obtained a benefit from migrant smuggling under s.26D because there was no credible evidence linking the seized RM2,100 or any other funds to a benefit derived by the accused from the smuggling; the RM5,000 payment was shown to have been handed to a third party and there was insufficient evidence the accused received or retained any profit. Although the accused was present and had knowledge, absence of proof of actual benefit defeated the prosecution's case, warranting acquittal under s.180 CPC.