PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

Maximum evaluation of prosecution evidence showed material discrepancies and gaps: critical witness evidence (SP7/SP8) was inconsistent on discovery sequence and actions; keys were found on table and not tied conclusively to accused; brown bag was handed over at officer's instruction undermining accused's knowledge/custody; food container was likely closed and no evidence of common intention; prosecution failed to call or justify calling relevant witnesses (eg. Anas/Nasrul) and did not rebut defence inferences. On that basis prima facie case was not made out for any charge and accused were acquitted and discharged.

Citation
BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: MUHAMMAD ANAS BIN MOHAMED ALI; Accused: MOHAMAD AZROY BIN MOKHTAR; Accused: MOHAMMAD HAFIDZ BIN AHMAD TARMIZI; Accused: NORAMIN BIN RIDZUAN; Accused: MUHAMMAD AZEM BIN ALIAS; Accused: MUHAMMAD RADZI BIN MOHD SHAARI; Accused: NUR SYAZANA ZAWANI BINTI MOHD MOHTAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 October 2020
Case Number
BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / Judgment (acquitted and Discharged)
Outcome
Accused acquitted and discharged on all charges
Legal Topics
Possession, Trafficking, Common Intention (s34 Penal Code), Admissibility of Evidence, Credibility of Police Witnesses, Expert Evidence (chemist), Alcontara Notice, Defective Charge Particulars
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Criminal Procedure Possession Trafficking Common Intention (s34 Penal Code) Admissibility of Evidence +4 more

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Parties

Pendakwa Raya

Prosecutor

MUHAMMAD ANAS BIN MOHAMED ALI

Accused

MOHAMAD AZROY BIN MOKHTAR

Accused

MOHAMMAD HAFIDZ BIN AHMAD TARMIZI

Accused

NORAMIN BIN RIDZUAN

Accused

MUHAMMAD AZEM BIN ALIAS

Accused

MUHAMMAD RADZI BIN MOHD SHAARI

Accused

NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

Accused

Procedural Posture

Criminal Trial Drug Offences / Judgment (acquitted and Discharged)

Legal Issues

  1. 1 Whether prima facie case proven for trafficking of 223g cannabis under s39B DDA
  2. 2 Whether accused MUHAMMAD RADZI had possession and knowledge of the 223g cannabis found in the Vios
  3. 3 Whether accused NUR SYAZANA had knowledge or possession of the 7.70g brown bag

Ratio Decidendi

Maximum evaluation of prosecution evidence showed material discrepancies and gaps: critical witness evidence (SP7/SP8) was inconsistent on discovery sequence and actions; keys were found on table and not tied conclusively to accused; brown bag was handed over at officer's instruction undermining accused's knowledge/custody; food container was likely closed and no evidence of common intention; prosecution failed to call or justify calling relevant witnesses (eg. Anas/Nasrul) and did not rebut defence inferences. On that basis prima facie case was not made out for any charge and accused were acquitted and discharged.

Court Disposition

Accused acquitted and discharged on all charges

Orders

  • Accused MUHAMMAD RADZI BIN MOHD SHAARI and NUR SYAZANA ZAWANI BINTI MOHD MOHTAR are acquitted and discharged on all charges
  • Urine test report excluded from evidence/not relied upon by court