Pendakwa Raya v MUHAMMAD FAHMIE BIN FESAL

ca-42ra-3-09-2023 High Court (Mahkamah Tinggi) 9 December 2025 • CA-42R(A)-3-09/2023 • 3 min read

Catchwords

The Prosecution filed appeals against the discharge and acquittal, challenging the Sessions Court’s finding that no prima facie case existed under Section 16(a)(B) of the MACC Act 2009 and Section 165 of the Penal Code against R1 and R2 respectively. Upon evaluating all record of proceedings, notes of evidence and the submissions of all parties, it was held that the Prosecution failed to establish a prima facie case against either Respondent. The identification evidence is unreliable, the alleged receipt of monies is not shown to be corruptly intended or linked to any official act and the evidential gaps and inconsistencies are substantial. Accordingly, the appeal by the Prosecution is dismissed and the Sessions Court’s order discharging and acquitting both Respondents is affirmed.

Practice Areas

The Prosecution filed appeals against the discharge and acquittal, challenging the Sessions Court’s finding that no prima facie case existed under Section 16(a)(B) of the MACC Act 2009 and Section 165 of the Penal Code against R1 and R2 respectively. Upon evaluating all record of proceedings, notes of evidence and the submissions of all parties, it was held that the Prosecution failed to establish a prima facie case against either Respondent. The identification evidence is unreliable, the alleged receipt of monies is not shown to be corruptly intended or linked to any official act and the evidential gaps and inconsistencies are substantial. Accordingly, the appeal by the Prosecution is dismissed and the Sessions Court’s order discharging and acquitting both Respondents is affirmed.

Judges (1)

Samry bin Masri Delivered

Parties (2)

Pendakwa Raya Appellant Muhammad Fahmie bin Fesal Respondent

Case Significance

Pendakwa Raya v MUHAMMAD FAHMIE BIN FESAL is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: ca-42ra-3-09-2023). The case was decided by Samry bin Masri.

What was the outcome of Pendakwa Raya v MUHAMMAD FAHMIE BIN FESAL?

Pendakwa Raya v MUHAMMAD FAHMIE BIN FESAL is a High Court decision dated December 9, 2025. The case was heard by Samry bin Masri. See the full judgment for details.