[ ] 1. ) MOHD MUNAWIR BIN MOHAMED ANUAR 2. ) AHMAD REDZLAN BIN ZAINUDIN

[ ] 1. ) MOHD MUNAWIR BIN MOHAMED ANUAR 2. ) AHMAD REDZLAN BIN ZAINUDIN

The prosecution failed to prove a prima facie case because it did not exclude the real possibility of access by other persons to the main bedroom and storeroom where the drugs and poisons were found; multiple occupants and an uninvestigated lodger (Sharil) had access, co-occupants were not called to rebut ownership, and there was no sufficient evidence linking either accused to exclusive custody, control or knowledge of the seized substances or to distribution; accordingly neither accused had proven possession or trafficking and must be acquitted.

Citation
BA-45-32-09/2020 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Mohd Munawir bin Mohamed Anuar; Accused: Ahmad Redzlan bin Zainuddin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2022
Case Number
BA-45-32-09/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal — Drug Offences (joint Trial) / Close of Prosecution Case; Court Found No Prima Facie Case and Entered Acquittal
Outcome
Both accused (T1 Mohd Munawir bin Mohamed Anuar and T2 Ahmad Redzlan bin Zainuddin) acquitted and discharged; prosecution failed to establish a prima facie case on all charges
Legal Topics
Possession, Prima Facie Test, Trafficking, Burden of Proof, Exclusive Possession, Knowledge (mens Rea)
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Prima Facie Test Trafficking Burden of Proof Exclusive Possession +1 more

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Parties

Pendakwa Raya

Prosecution

Mohd Munawir bin Mohamed Anuar

Accused

Ahmad Redzlan bin Zainuddin

Accused

Procedural Posture

Criminal — Drug Offences (joint Trial) / Close of Prosecution Case; Court Found No Prima Facie Case and Entered Acquittal

Legal Issues

  1. 1 Whether prosecution established a prima facie case to call accused to defend
  2. 2 Whether accused had possession (custody and control) and knowledge of the drugs
  3. 3 Whether prosecution excluded access by others to the premises and items where drugs were found

Ratio Decidendi

The prosecution failed to prove a prima facie case because it did not exclude the real possibility of access by other persons to the main bedroom and storeroom where the drugs and poisons were found; multiple occupants and an uninvestigated lodger (Sharil) had access, co-occupants were not called to rebut ownership, and there was no sufficient evidence linking either accused to exclusive custody, control or knowledge of the seized substances or to distribution; accordingly neither accused had proven possession or trafficking and must be acquitted.

Court Disposition

Both accused (T1 Mohd Munawir bin Mohamed Anuar and T2 Ahmad Redzlan bin Zainuddin) acquitted and discharged; prosecution failed to establish a prima facie case on all charges

Orders

  • T1 and T2 are acquitted and discharged from all charges