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SUMMARY OF THE CASE

COURT; HIGH COURT (2) OF SEREMBAN


DECISION DATE: 5TH SEPTEMBER 2016
CASE: NO: 45-13 &14-08/2015
CASE NAME: PUBLIC PROSECUTOR VS VINOD MURUGASU (OKT1, AGED 36) &
PARTIBAN MURUGIAH (OKT2, AGED 29)
PUBLIC PROSECUTOR: PUAN NORAFFIZAH
DEFENCE COUNSEL FOR OKT1: MR. KEE WEI LOON
DEFENCE COUNSEL FOR OKT2: MR.G.SUBRAMANIAM NAIR WITH DEVIKA AND
NURFATIN AMIRAH.
FACTS OF THE CASE:
1. Following a shootout in the Seremban-Pd Road in March 2016, the police were
looking for these 2 accused to assist in the investigation. Therefore, the first accused
Vinod A/l Murugasu surrendered himself to the police on the 25.3.2016 and thereafter
the second accused , Partiban a/l Murugiah who works with the first accused were
arrested at his workplace on the 27.3.2016.
2. After the arrest, police alleged that they found a bag containing drugs and fire arms in
a bush at Labu Jaya, Seremban.
3. Thereafter they both were charged under Section 39B DDA which carries mandatory
death sentence and section 8 FIPA which carries 14 years imprisonment and minimum
6 strokes.
4. The trial started on January 2016 and ended in August 2016. In the submission ,
counsel G. Subrmaniam Nair and Kee Wei Loon argued and submitted that the
prosecution had failed to show the nexus link between both the accused and the drugs
and firearms seized by the police. No fingerprints/DNA were found on the drugs and
firearms seized .

5. In delivering the judgment the learned high court judge said having heard the
submission of all parties, the court is satisfied that on the maximum evaluation the
prosecution failed to prove prima facie case on all charges and therefore both the
accused are acquitted and discharged from all the charges without defence being
called. Both the accused were release and they hugged their counsels and thank them.
Note: Since the date of arrest the both the accused were in remand and no bail was
granted until their release today.

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