PENDAKWARAYA MOHD FIKRI BIN RAMLI

PENDAKWARAYA MOHD FIKRI BIN RAMLI

Maximum evaluation of the totality of prosecution evidence disclosed serious and unexplained breaks and contradictions in the chain of custody and material inconsistencies between prosecution witnesses handling the exhibits; these defects undermined the identity of the drugs as the same items analysed by the chemist and therefore the prosecution failed to establish a prima facie case on both charges; accused acquitted under s.180(2) CPC.

Citation
PA-45A-83-11/2018 & PA-45A-81-11/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Accused: Mohd Fikri bin Ramli
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 February 2022
Case Number
PA-45A-83-11/2018 & PA-45A-81-11/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs Act Offences / After Close of Prosecution Case Ruling on Prima Facie Case (s.180 Cpc)
Outcome
Accused acquitted and discharged of both charges pursuant to section 180(2) Criminal Procedure Code
Legal Topics
Possession, Trafficking, Chain of Custody, Prima Facie Evaluation, Expert/chemist Evidence, Credibility of Police Witnesses
Source Language
Malay/English
Criminal Law Narcotics/drugs Law Evidence Law Possession Trafficking Chain of Custody Prima Facie Evaluation Expert/chemist Evidence +1 more

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Parties

Public Prosecutor

Prosecution

Mohd Fikri bin Ramli

Accused

Procedural Posture

Criminal Dangerous Drugs Act Offences / After Close of Prosecution Case Ruling on Prima Facie Case (s.180 Cpc)

Legal Issues

  1. 1 Whether the prosecution proved identity of the drugs beyond reasonable doubt
  2. 2 Whether there was an unbroken chain of custody from seizure to chemical analysis
  3. 3 Whether the accused had possession and/or trafficked the drugs charged

Ratio Decidendi

Maximum evaluation of the totality of prosecution evidence disclosed serious and unexplained breaks and contradictions in the chain of custody and material inconsistencies between prosecution witnesses handling the exhibits; these defects undermined the identity of the drugs as the same items analysed by the chemist and therefore the prosecution failed to establish a prima facie case on both charges; accused acquitted under s.180(2) CPC.

Court Disposition

Accused acquitted and discharged of both charges pursuant to section 180(2) Criminal Procedure Code

Orders

  • Accused Mohd Fikri bin Ramli acquitted and discharged from Criminal Trial Nos. PA-45A-83-11/2018 and PA-45A-81-11/2018
  • No requirement for accused to enter defence following insufficiency of prima facie case