PENDAKWARAYA VASUGI A/P SAMUEL

PENDAKWARAYA VASUGI A/P SAMUEL

The prosecution failed to prove possession because the drugs were in an unlocked common storeroom accessible to multiple occupants, the prosecution did not exclude alternative sources of custody or call available co-occupant witnesses, and the accused's act of leading police to the bag and emotional reaction did not reliably establish custody and control of the drugs; therefore no prima facie case of trafficking was made and the accused must be discharged and acquitted.

Citation
PA-45A-80-11/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Vasugi a/p Samuel
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
PA-45A-80-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / End of Prosecution Case
Outcome
Accused discharged and acquitted
Legal Topics
Possession, Trafficking, Admissibility of Statements, Prima Facie Standard, Burden of Proof, Chain of Custody
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Admissibility of Statements Prima Facie Standard Burden of Proof +1 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Vasugi a/p Samuel

Accused

Procedural Posture

Criminal Trial / End of Prosecution Case

Legal Issues

  1. 1 Whether the accused had custody or control and knowledge (animus possidendi) of the seized drugs
  2. 2 Whether the police reports and search list were admissible as evidence of conduct
  3. 3 Whether prosecution's failure to call co-occupants created a fatal gap in the case

Ratio Decidendi

The prosecution failed to prove possession because the drugs were in an unlocked common storeroom accessible to multiple occupants, the prosecution did not exclude alternative sources of custody or call available co-occupant witnesses, and the accused's act of leading police to the bag and emotional reaction did not reliably establish custody and control of the drugs; therefore no prima facie case of trafficking was made and the accused must be discharged and acquitted.

Court Disposition

Accused discharged and acquitted

Orders

  • Accused discharged and acquitted under the Charge dated 18/4/2018