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PP v. Syed Muhamad Faisal

High Court Ipoh

cOMMENTS

Agree

1. Prosecution was not well prepared.

- Prima facie & links between substantial evidences

2. Important issues

- Identification parade

- Circumstantial evidences

- Reasonable doubt

ACCUSED WAS ACQUITTED & DISCHARGED WITHOUT CALLING FOR DEFENCE

3. Supporting Site Evidences

blood samples

DNA analysis

post mortem

Process of gathering evidence

Chain from forensics to chemists were not clear, no valid source identification

No necessary link to prove the accused & deceased

2. Statements from Mother & Sister of Victim

Arguments

1. Car used at instance

PW8 reported victim going out with unknown person as seen by PW5

*contadictory claims

Mother (PW8)

LEGAL PRINCIPLES

RATIO DECiDENDI

1. Charge could not stand.

Criminal case falls when prosecution fails to establish a prima facie

2. DNA leads to draw inference.

Value still remains as the judge perceives

LEgal ISSUES

PW5 does not know whom.

2 years later she admitted that victim went out with the accused in the acclaimed car as said by PW7

1. PW7 testimony is unreliable

No identification can be done on first encounter. Hence, failure of prosecution gives credit to accused.

Sister (PW7)

2. Contradictory statements between P5 & P8

When statements contradicts, it benefits the accused.

En. Bakar bin Amin as PW7 claimed the accused borrowed his car.

Only identification was "lelaki melayu"

3. Sample of Evidences

Prosecution failed to introduce basic facts & links to connect the accused with conviction.

*usage of circumstantial evidence

1. Whether charge could stand?

2. Whether DNA tests if considered in isolation could assist prosecution?

Details

PP v SYED MUHAMAD FAISAL SYED IBRAHIM

27th March 2004

V.T. Singham Justice

High Court Ipoh

Material Facts

  • Accused was said to have borrowed a car & took victim out.
  • Victim reported missing.
  • Victim found at huge drain under bridge in Tapah

Accused

- Syed Muhammad Faisal Syed Ibrahim

- 16 years 10 months

Victim

- Farrrah Deeba binti Rustam

- 17 years 15 days

  • The accused & victim reported to have gone out for a meal together the day before.

*Chronology

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