[Public Prosecutor vs Rutinin Bin Sulaiman – K42-60-2010]
that is given to a hardware device by the manufacturer. This address is used
to interact with network devices. The accused runs a hand phone shop in
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Ranau. The computer was recovered by the investigating officer from the
shop.
The computer was sent for forensic analysis to Cybersecurity
Malaysia. The forensic expert recovered the MAC address from the said
computer. The said MAC address matched the MAC address that was
captured by the Telekom Malaysia Berhad servers during the internet
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session in question when the offensive remark was posted on the online
visitor book of the homepage of HRH Sultan of Perak. The forensic expert
said that the offensive words “Sultan Perak” and “gilaaaa! could not be
found in one of the two hard disks of the computer. The other hard disk had
suffered mechanical failure and could be not powered up. However, he said
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that this is possible because it was not stored in the browser “cache”.
Nonetheless he said that the MAC address of the computer could be
recovered.
Based on the circumstantial evidence that the computer with the MAC
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address that was used to make the posting in question was found in the shop
of the accused and the fact that the internet account belonged to the accused
himself, the prosecution submitted that the accused must have posted the
offensive remark in question.
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Findings of Session Court Judge
In his brief judgment, the learned Session Court Judge ruled that the
prosecution failed to establish a prima facie case.
summarized as follows:
3
His reasons can be