1.DINAKARAN A/L KRISHNAN 2.LIONEL DENNIS 3.ASRAFUL ANNAR 4.ARIVAZHAGAN MURUGESAN

1.DINAKARAN A/L KRISHNAN 2.LIONEL DENNIS 3.ASRAFUL ANNAR 4.ARIVAZHAGAN MURUGESAN

Court accepted the Government Chemist's quantitative and qualitative analysis as credible and found the seized premises to be a methamphetamine laboratory based on the totality of equipment, chemicals and exhibits; chain of custody and examination procedures were sufficiently established; prosecution proved beyond reasonable doubt manufacture/possession and common intention against Dinakaran, Asraful and Arivazhagan, while reasonable doubt existed as to Loinel Dennis's role as mere driver resulting in his acquittal.

Citation
45A-49-05/2017, 45-29-08/2017, 45-34-08/2017, 45-48-08/2017 & 45-56-08/2017 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Dinakaran A/L Krishnan; Accused: Loinel Dennis; Accused: Asraful Annar; Accused: Arivazhagan Murugesan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 November 2019
Case Number
45A-49-05/2017, 45-29-08/2017, 45-34-08/2017, 45-48-08/2017 & 45-56-08/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Judgment (reasons for Decision)
Outcome
Accused 1 (Dinakaran a/l Krishnan), Accused 3 (Asraful Annar) and Accused 4 (Arivazhagan Murugesan) convicted on all counts; Accused 2 (Loinel Dennis) acquitted on the charges against him.
Legal Topics
Drug Manufacturing (methamphetamine), Possession of Scheduled Poisons (methylephedrine, Pseudoephedrine), Chain of Custody of Exhibits, Joint Intention / Common Intention, Expert Forensic Chemistry Evidence, Admissibility and Weight of Dock Statements, Afterthought Defence and Mere Denial
Source Language
Malay/English
Criminal Law Narcotics/drug Law Evidence Law Search and Seizure Law Drug Manufacturing (methamphetamine) Possession of Scheduled Poisons (methylephedrine, Pseudoephedrine) Chain of Custody of Exhibits Joint Intention / Common Intention +3 more

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Parties

Pendakwa Raya

Prosecutor

Dinakaran A/L Krishnan

Accused

Loinel Dennis

Accused

Asraful Annar

Accused

Arivazhagan Murugesan

Accused

Procedural Posture

Criminal Trial / Judgment (reasons for Decision)

Legal Issues

  1. 1 Whether the prosecution proved the identity and net weight of methamphetamine seized (9179.34 g)
  2. 2 Whether the chain of custody and weighing/analysis by the Government Chemist was broken or unreliable
  3. 3 Whether the premises were used as a laboratory for manufacturing methamphetamine and if that dispenses with proof of possession

Ratio Decidendi

Court accepted the Government Chemist's quantitative and qualitative analysis as credible and found the seized premises to be a methamphetamine laboratory based on the totality of equipment, chemicals and exhibits; chain of custody and examination procedures were sufficiently established; prosecution proved beyond reasonable doubt manufacture/possession and common intention against Dinakaran, Asraful and Arivazhagan, while reasonable doubt existed as to Loinel Dennis's role as mere driver resulting in his acquittal.

Court Disposition

Accused 1 (Dinakaran a/l Krishnan), Accused 3 (Asraful Annar) and Accused 4 (Arivazhagan Murugesan) convicted on all counts; Accused 2 (Loinel Dennis) acquitted on the charges against him.