What Is Prima Facie?

The term “prima facie” is adopted in Sections 173 (f) and 180 (1) of the Criminal Procedure Code (“CPC”) where both provisions say that: –

When the case for the prosecution is concluded the Court shall consider whether the prosecution has made out a prima facie case against the accused

The Oxford Dictionary of Law defines the term as follows: –

A case that has been supported by sufficient evidence for it to be taken as proved should there be no adequate evidence to the contrary. A prima facie case is defined in the Glossary to the Criminal Procedure Rules as a prosecution case that is strong enough to require the defendant to answer it.

Basically, “prima facie” is a test adopted by the Court in evaluating whether the prosecution, in the course of prosecuting the accused, has adduced sufficient evidence to move the Court to call the accused to enter his defence. It is the first threshold that the prosecution must overcome.

Generally, the decision of whether a “prima facie” case has been established is made after the court hears everything that the prosecution has to say.

The Federal Court in PP v. Mohd Radzi bin Abu Bakar 2005 6 AMR 203 had summarized the following steps to be undertaken by a trial judge at the close of the prosecution’s case: – 

1. The close of the prosecution’s case, subject the evidence led by the prosecution in its totality to a maximum evaluation. Carefully scrutinize the credibility of each of the prosecution’s witnesses. Take into account all reasonable inferences that may be drawn from the evidence. If the evidence admits of two or more inferences, then draw the inference that is most favourable to the accused; 
2. Ask yourself the question: if I now call upon the accused to make his defence and he elects to remain silent am I prepared to convict him on the evidence now before me? If the answer to that question is “Yes”, then a prima facie case has been made out and the defence should be called. If the answer is “No” then, a prima facie case has not been made out and the accused should be acquitted; 
3. If after the defence is called, the accused elects to remain silent, then convict; and
4. If after the defence is called, the accused elects to give evidence, then go through the steps set out in Mat v Public Prosecutor [1963] MLJ 263. 

In a nutshell, a “prima facie” case requires the prosecution to adduce sufficient and credible evidence for the trial judge to call the accused to enter a defence. 

It is noted that our criminal procedure does not require the prosecution to prove their case beyond reasonable doubt at the end of the prosecution case. Instead, a “prima facie” case is required.