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MALAYSIA: MAN ACCUSED OF MALICIOUS CYBER-ATTACK AGAINST OWN COMPANY RELEASED AND ACQUITTED

10th January, 2019

Loh Guo Shi (hereinafter referred to as the Defendant) was released without having to come to his own defence when the Magistrate’s Court ruled that the public prosecutor (hereinafter referred to as the Plaintiff) had failed to prove its prima facie case against the Defendant. On 27 September 2012 at around 12:30am, information was deleted from the My-Cloud-02 server belonging to a company identified as Sistem Exabyte Network Sdn. Bhd.

After an investigation on the IP address of the attacker had occurred, it was found that the address was linked to the Defendant’s computer. This link was further strengthened by the fact that the IP address in question had been used to access the Defendant’s email account.

However, between the date that the Defendant surrendered the laptop, 28 September 2012, and when it was analysed, 27 November 2012, the laptop had been used twice; once on 1 October 2012 and then once again on 7 October 2012, with the internet being accessed in the second instance.

Further doubt was cast towards the Plaintiff’s case when the analysis officer stated that there was no evidence to suggest that the laptop had been used between the hours of 12:30am and 1:30am on 27 September 2012, the time in which the attack occurred. Therefore the Plaintiff could not prove that there was indeed any link between the IP address involved in the act and the Defendant. In light of this, the Defendant was released.