On 12 June 2025, at the Kuala Lumpur High Court, Judge Jamil Hussin acquitted Yusoff Rawther of drug trafficking and possession of two imitation pistols charges ruling that the prosecution had failed to establish a prima facie case on both charges.
The Attorney General's Chambers (AGC) has since filed a notice of appeal against the ruling.
Less than 2 weeks later, on 25 June 2025, at the Court of Appeal, Justices Noorin Badaruddin, Ahmad Zaidi Ibrahim and Azman Abdullah acquitted Muar MP Syed Saddiq of his corruption and money laundering charges with Justice Noorin Badaruddin saying said the prosecution had failed to establish a prima facie case against Syed Saddiq, adding that he should have been acquitted without being ordered to enter his defence during the trial.
Similarly, like in the case against Yusuf Rawther, the AGC filed a notice of appeal against the ruling.
On the same day i.e 25 June 2025, the High Court in Ipoh acquitted and discharged three men of a drug trafficking charge after ruling that the prosecution had failed to establish a prima facie case against them.
In Oct 2022, at the Kuala Lumpur High Court, Judge Jamil Hussin acquitted and discharged lawyer Tan Sri Muhammad Shafee Abdullah on two counts of money laundering involving RM9.5 million after finding the prosecution failed to prove a prima facie case against him.
The AG appealed against the decision only to discontinue it a year later in Dec 2023.
In Oct 2022, High Court judge Datuk Mohd Yazid Mustafa acquitted Datuk Seri Dr Ahmad Zahid Hamidi ruling that the prosecution had not made out a prima facie case against him.
Again, the AG appealed against the decision only to discontinue it a year later in Dec 2024.
Appealing against the Court’s decision only to discontinue it later also appears to be trending in tandem with the number of cases with no prima facie case.
In the case against former Federal Territories minister Tengku Adnan Tengku Mansor in a RM2 million corruption case, the Court of Appeal set aside the conviction that was decided by the High Court on Tengku Adnan in July 2021.
The AG filed an appeal with the Federal Courts only with file a notice of Discontinuance in Nov 2021.
Simply put, a prima facie case means that there is a case for the accused to answer upon the evidence that had been adduced by the prosecution.
Is this trend going to continue?
As the Justices in the Court of Appeal remarked in their decision to acquit Syed Saddiq, the prosecution had failed to prove ingredients of the charges in the case.
Could it be because the AG’s Chamber is severely understaffed and overworked that led to this lapse in this and other cases?
If yes, probably this is the best impetus to expedite the separation of the AGC where the roles of the AG and the Public Prosecutor are separated with each have their own manpower and resources.
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