[Polis Diraja Malaysia (PDRM)] 1. ) AB MALEK BIN HAMID 2. ) MR HARMAN AWAEKUECHEH (Thailand)

[Polis Diraja Malaysia (PDRM)] 1. ) AB MALEK BIN HAMID 2. ) MR HARMAN AWAEKUECHEH (Thailand)

Court found prosecution proved custody and control, established chain of custody and forensic identity of drugs, and that the defendants' conduct and failures to inspect the sealed sacks amounted to willful blindness; the defences (innocent carrier and uninvestigated third party Tolib) did not raise reasonable doubt. Therefore both defendants were convicted under s.39B(1)(a) ADB and sentenced as stated.

Citation
BA-45A-63-04/2021 (Mahkamah Tinggi)
Parties
Prosecutor: PENDAKWA RAYA; Defendant 1: AB MALEK BIN HAMID (690511-03-5717); Defendant 2: HARMAN AWAEKUECHEH (Passport AB 2553062)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 May 2025
Case Number
BA-45A-63-04/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking (s.39 B Dangerous Drugs Act 1952) / Judgment and Sentencing (trial Concluded)
Outcome
Both defendants convicted under s.39B(1)(a) Dangerous Drugs Act 1952 (amended charges) and sentenced on 13 July 2025
Legal Topics
Drug Trafficking, Possession and Custody, Willful Blindness, Chain of Custody, Burden of Proof, Sentencing
Source Language
Malay/English
Criminal Law Drug Law Evidence Forensic Science Procedure Drug Trafficking Possession and Custody Willful Blindness +3 more

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Parties

PENDAKWA RAYA

Prosecutor

AB MALEK BIN HAMID (690511-03-5717)

Defendant 1

HARMAN AWAEKUECHEH (Passport AB 2553062)

Defendant 2

Procedural Posture

Criminal Drug Trafficking (s.39 B Dangerous Drugs Act 1952) / Judgment and Sentencing (trial Concluded)

Legal Issues

  1. 1 Whether prosecution proved knowledge and possession for distribution under s.39B ADB
  2. 2 Whether doctrine of willful blindness applies
  3. 3 Whether defendants raised reasonable doubt by claiming 'innocent carrier' and naming third party 'Tolib'

Ratio Decidendi

Court found prosecution proved custody and control, established chain of custody and forensic identity of drugs, and that the defendants' conduct and failures to inspect the sealed sacks amounted to willful blindness; the defences (innocent carrier and uninvestigated third party Tolib) did not raise reasonable doubt. Therefore both defendants were convicted under s.39B(1)(a) ADB and sentenced as stated.

Court Disposition

Both defendants convicted under s.39B(1)(a) Dangerous Drugs Act 1952 (amended charges) and sentenced on 13 July 2025

Orders

  • Defendant 1 (AB Malek bin Hamid): Imprisonment 30 years from 1 March 2020 on each amended charge, sentences to run concurrently; exempted from whipping due to age (over 50).
  • Defendant 2 (Harman Awaekuecheh): Imprisonment 30 years from 1 March 2020 on each amended charge, sentences to run concurrently; corporal punishment of 12 strokes for each amended charge (to run separately) (total 24 strokes).