PENDAKWARAYA Pendakwaraya 1. ) 1) Zawani binti Zulkifli 2. ) 2) Nur Zahirah bt Yusoff

PENDAKWARAYA Pendakwaraya 1. ) 1) Zawani binti Zulkifli 2. ) 2) Nur Zahirah bt Yusoff

The court convicted both accused because the prosecution proved possession and trafficking beyond reasonable doubt by combining tenancy and agent identification, possession of keys/access card and leading police to the premise, chemist's reliable analysis establishing the nature and weight of the drugs, and DNA linking an accused to the premises; defence denials were rejected as insufficient to create reasonable doubt; both were convicted under Section 39B(2) read with Section 34 and sentenced to death.

Citation
PA-45A-67-10/2017 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Zawani binti Zulkifli; Accused: Nur Zahirah binti Yusof
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 October 2019
Case Number
PA-45A-67-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Convicted and sentenced to death
Legal Topics
Drug Trafficking, Possession, Expert Evidence (chemist), DNA Evidence, Identification Parade, Admissibility of Evidence, Presumption of Trafficking
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Drug Trafficking Possession Expert Evidence (chemist) DNA Evidence Identification Parade +2 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Zawani binti Zulkifli

Accused

Nur Zahirah binti Yusof

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved possession and trafficking of dangerous drugs beyond reasonable doubt
  2. 2 Admissibility and sufficiency of chemist's expert evidence without calling assisting science officer
  3. 3 Reliability and probative value of DNA evidence linking accused to premises

Ratio Decidendi

The court convicted both accused because the prosecution proved possession and trafficking beyond reasonable doubt by combining tenancy and agent identification, possession of keys/access card and leading police to the premise, chemist's reliable analysis establishing the nature and weight of the drugs, and DNA linking an accused to the premises; defence denials were rejected as insufficient to create reasonable doubt; both were convicted under Section 39B(2) read with Section 34 and sentenced to death.

Court Disposition

Convicted and sentenced to death

Orders

  • Both accused found guilty under Section 39B(2) read with Section 34 of the Penal Code/Dangerous Drugs legislation
  • Both accused sentenced to death