WONG KEE KIONG

WONG KEE KIONG

The prosecution failed to establish a prima facie case because there were material gaps in the chain of custody, the airline witness who could explain transfer of the brown bag was not called, exhibits (toothbrush and ID) were not shown to have been inside the brown bag, the red bag exhibit was not produced, and the investigation was incomplete; these failures prevented proof that the accused had control, possession or knowledge of the drugs, therefore the accused was discharged and acquitted at the close of the prosecution case.

Citation
45A-105-10/2017 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: WONG KEE KIONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 September 2019
Case Number
45A-105-10/2017 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / No Prima Facie Found at Close of Prosecution; Accused Discharged; Prosecution Filed Notice of Appeal to Court of Appeal
Outcome
No prima facie case proven; accused discharged and acquitted at close of prosecution; prosecution filed notice of appeal to the Court of Appeal
Legal Topics
Possession, Trafficking, Chain of Custody, DNA Evidence, Prima Facie Burden, Adverse Inference Under Evidence Act
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Possession Trafficking Chain of Custody DNA Evidence +2 more

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Parties

PENDAKWA RAYA

Prosecution

WONG KEE KIONG

Accused

Procedural Posture

Criminal Trial / No Prima Facie Found at Close of Prosecution; Accused Discharged; Prosecution Filed Notice of Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the drugs found in the brown bag were under the control/possession of the accused and he had knowledge thereof
  2. 2 Whether the prosecution established a prima facie case on possession and trafficking
  3. 3 Whether there was a break in chain of custody and improper investigation that fatally undermined the prosecution case

Ratio Decidendi

The prosecution failed to establish a prima facie case because there were material gaps in the chain of custody, the airline witness who could explain transfer of the brown bag was not called, exhibits (toothbrush and ID) were not shown to have been inside the brown bag, the red bag exhibit was not produced, and the investigation was incomplete; these failures prevented proof that the accused had control, possession or knowledge of the drugs, therefore the accused was discharged and acquitted at the close of the prosecution case.

Court Disposition

No prima facie case proven; accused discharged and acquitted at close of prosecution; prosecution filed notice of appeal to the Court of Appeal

Orders

  • Accused discharged and acquitted at the close of the prosecution case
  • Prosecution granted leave to appeal (notice of appeal filed to the Court of Appeal)