PENDAKWARAYA Pendakwaraya Mogan Kumarappa A/L Muthusamy

PENDAKWARAYA Pendakwaraya Mogan Kumarappa A/L Muthusamy

Prosecution failed to prove the accused guilty beyond reasonable doubt because credible defence evidence established the car was borrowed by a person called Amin whose evidence was not called by the prosecution; that omission created a reasonable doubt and entitled the accused to an adverse inference under Evidence Act s114(g), so conviction could not be upheld.

Citation
PA-45A-69-10/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused: Mogan Kumarappa A/L Muthusamy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2019
Case Number
PA-45A-69-10/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / Trial Judgment (acquittal)
Outcome
Acquitted and discharged
Legal Topics
Drug Trafficking, Possession, Chain of Custody, Prima Facie Test, Adverse Inference Under S114(g)
Source Language
Malay/English
Criminal Law Drugs Law Evidence Drug Trafficking Possession Chain of Custody Prima Facie Test Adverse Inference Under S114(g)

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Parties

Public Prosecutor

Prosecutor

Mogan Kumarappa A/L Muthusamy

Accused

Procedural Posture

Criminal Drug Trafficking / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved accused's possession of drugs beyond reasonable doubt
  2. 2 Whether chain of custody and identity of the seized drug was established
  3. 3 Whether failure to call witness 'Amin' permits adverse inference under Evidence Act s114(g)

Ratio Decidendi

Prosecution failed to prove the accused guilty beyond reasonable doubt because credible defence evidence established the car was borrowed by a person called Amin whose evidence was not called by the prosecution; that omission created a reasonable doubt and entitled the accused to an adverse inference under Evidence Act s114(g), so conviction could not be upheld.

Court Disposition

Acquitted and discharged

Orders

  • Accused acquitted and discharged of the charge under Section 39B Akta Dadah Berbahaya 1952