[Jabatan Peguam Negara] 1. ) Artur Peek 2. ) AJITHKUMAR 3. ) PREM DASS

[Jabatan Peguam Negara] 1. ) Artur Peek 2. ) AJITHKUMAR 3. ) PREM DASS

Although the prosecution established identity and quantity of drugs and a prima facie case, material investigative deficiencies and credible, consistent defensive explanations produced reasonable doubt on critical issues of possession/knowledge and on certain evidential links (tenancy signature authenticity, unexplained provenance of some items, lack of forensic analysis of identified items and absence of corroborative scene documentation). Consequently prosecution failed to prove guilt beyond reasonable doubt and accused are acquitted under s.182A(3) Criminal Procedure Code.

Citation
WA-45A-27-09/2019 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Artur Peek; Accused: Ajithkumar; Accused: Prem Dass
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 March 2023
Case Number
WA-45A-27-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment at Close of Prosecution (post Prosecution, Accused Ordered to Enter Defence)
Outcome
All three accused acquitted and discharged on all charges
Legal Topics
Possession, Trafficking/manufacture, Chain of Custody, Prima Facie Burden, DNA Evidence, Section 180/182 a Criminal Procedure Code, Sections 39 B Dangerous Drugs Act, Section 9(1) Poisons Act, Section 34 Penal Code
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Trafficking/manufacture Chain of Custody Prima Facie Burden DNA Evidence +4 more

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Parties

Pendakwa Raya

Prosecutor

Artur Peek

Accused

Ajithkumar

Accused

Prem Dass

Accused

Procedural Posture

Criminal / Judgment at Close of Prosecution (post Prosecution, Accused Ordered to Enter Defence)

Legal Issues

  1. 1 Whether seized substances were dangerous drugs and their quantities
  2. 2 Whether prosecution proved possession and knowledge by each accused
  3. 3 Whether prosecution proved element of distribution/manufacture

Ratio Decidendi

Although the prosecution established identity and quantity of drugs and a prima facie case, material investigative deficiencies and credible, consistent defensive explanations produced reasonable doubt on critical issues of possession/knowledge and on certain evidential links (tenancy signature authenticity, unexplained provenance of some items, lack of forensic analysis of identified items and absence of corroborative scene documentation). Consequently prosecution failed to prove guilt beyond reasonable doubt and accused are acquitted under s.182A(3) Criminal Procedure Code.

Court Disposition

All three accused acquitted and discharged on all charges

Orders

  • All three accused are acquitted and discharged from the four charges
  • Accused are released from custody pursuant to section 182A(3) Criminal Procedure Code