PENDAKWARAYA Timbalan Pendakwaraya, Jabatan Peguam Negara Mohd Azrul Aswad bin Mohd Shariff

PENDAKWARAYA Timbalan Pendakwaraya, Jabatan Peguam Negara Mohd Azrul Aswad bin Mohd Shariff

Prosecution failed to establish a prima facie case because the only direct link between accused and the seized drugs was the accused's gesture toward a bag; there was no additional evidence of custody or knowledge and the prosecution's failure to call the co-occupant Mohd Firdaus, a material witness, warranted application of the adverse inference under s114(g), leaving insufficient evidence to commit the accused, therefore the accused is discharged and acquitted.

Citation
WA-45A-6-01/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Mohd Azrul Aswad bin Mohd Sharif
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2020
Case Number
WA-45A-6-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / End of Prosecution Case (prima Facie Inquiry)
Outcome
Accused discharged and acquitted
Legal Topics
Drug Trafficking, Possession and Knowledge, Prima Facie Proof, Failure to Call Key Witness, Admissibility of Conduct (s8), Section 114(g) Adverse Inference
Source Language
Malay/English
Criminal Law Evidence Law Narcotics Law Drug Trafficking Possession and Knowledge Prima Facie Proof Failure to Call Key Witness Admissibility of Conduct (s8) +1 more

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Parties

Pendakwa Raya

Prosecutor

Mohd Azrul Aswad bin Mohd Sharif

Accused

Procedural Posture

Criminal / End of Prosecution Case (prima Facie Inquiry)

Legal Issues

  1. 1 Whether prosecution established a prima facie case
  2. 2 Whether accused had possession and knowledge of the drugs
  3. 3 Whether conduct of accused admissible under s8 to infer knowledge

Ratio Decidendi

Prosecution failed to establish a prima facie case because the only direct link between accused and the seized drugs was the accused's gesture toward a bag; there was no additional evidence of custody or knowledge and the prosecution's failure to call the co-occupant Mohd Firdaus, a material witness, warranted application of the adverse inference under s114(g), leaving insufficient evidence to commit the accused, therefore the accused is discharged and acquitted.

Court Disposition

Accused discharged and acquitted

Orders

  • Mohd Azrul Aswad bin Mohd Sharif discharged and acquitted of the charge