Pendakwa Raya v MOHAMMAD FAIZAL BIN ABDUL SHUKOR

ca-42ra-5-09-2023 High Court (Mahkamah Tinggi) 9 December 2025 • CA-42R(A)-5-09/2023

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

Criminal Law Criminal Procedure

Judges (1)

Samry bin Masri Delivered

Parties (2)

Pendakwa Raya Appellant Mohammad Faizal bin Abdul Shukor Respondent

Judgment

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Source: eJudgment (ca-42ra-5-09-2023)