MUHAMMAD ZAKIMI BIN MOHD ZAKI

MUHAMMAD ZAKIMI BIN MOHD ZAKI

The court held the prosecution failed to establish a prima facie case on the essential element of control/possession: prosecution witnesses were inconsistent and not sufficiently credible; the scene was open and accessible to others; and the prosecution's failure to call material witnesses (co-accused Suhaimi and the accused's mother) warranted an adverse inference under s114(g). Therefore the accused was discharged without being called to enter his defence.

Citation
DE-82D-7-12/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Muhammad Zakimi bin Mohd Zaki; Co Accused: Suhaimi bin Muhammad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 June 2024
Case Number
DE-82D-7-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Narcotics/poison Act / Close of Prosecution Decision on Prima Facie (accused Discharged Without Called to Enter Defence)
Outcome
Accused Muhammad Zakimi bin Mohd Zaki acquitted and discharged (lepas dan bebas) without being called to enter defence.
Legal Topics
Drug Offences, Possession/control, Prima Facie Test, Credibility of Witnesses, Adverse Inference (s114(g) Evidence Act 1950), Conduct Evidence (s8 Evidence Act 1950)
Source Language
Malay/English
Criminal Law Evidence Law Procedural Law Drug Offences Possession/control Prima Facie Test Credibility of Witnesses Adverse Inference (s114(g) Evidence Act 1950) +1 more

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Parties

Pendakwa Raya

Prosecutor

Muhammad Zakimi bin Mohd Zaki

Accused

Suhaimi bin Muhammad

Co Accused

Procedural Posture

Criminal Narcotics/poison Act / Close of Prosecution Decision on Prima Facie (accused Discharged Without Called to Enter Defence)

Legal Issues

  1. 1 Whether prosecution established a prima facie case on possession/control of scheduled poisons
  2. 2 Credibility and consistency of investigating witnesses (SP1, SP5)
  3. 3 Effect of prosecution's failure to call key witnesses (co-accused Suhaimi and accused's mother)

Ratio Decidendi

The court held the prosecution failed to establish a prima facie case on the essential element of control/possession: prosecution witnesses were inconsistent and not sufficiently credible; the scene was open and accessible to others; and the prosecution's failure to call material witnesses (co-accused Suhaimi and the accused's mother) warranted an adverse inference under s114(g). Therefore the accused was discharged without being called to enter his defence.

Court Disposition

Accused Muhammad Zakimi bin Mohd Zaki acquitted and discharged (lepas dan bebas) without being called to enter defence.

Orders

  • All charges in DE-82D-7-12/2022 and DE-82D-8-12/2022 dismissed; accused discharged without being called to enter defence