[ ] 1. ) MOHD FAUZI BIN MAT SENAWI 2. ) MISS CHEHWOH RUSNANEE

[ ] 1. ) MOHD FAUZI BIN MAT SENAWI 2. ) MISS CHEHWOH RUSNANEE

Court held prosecution failed to establish a prima facie case because it did not prove the existence of a hidden/special compartment to engage the statutory presumption under s37(h) ADB 1952, and there was insufficient evidence to infer possession, knowledge or common intention by OKT1 and OKT2; therefore accused were discharged without being called to enter defence.

Citation
KA-45A-35-06/2019 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor (Pendakwa Raya); Accused (okt1): Mohd Fauzi bin Mat Senawi; Accused (okt2): Miss Chehwoh Rusnanee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 April 2024
Case Number
KA-45A-35-06/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal — Dangerous Drugs (trafficking) / End of Prosecution Case — Court Found No Prima Facie Case; Accused Discharged
Outcome
OKT1 and OKT2 discharged and acquitted (released without being called to enter defence)
Legal Topics
Possession, Knowledge, Common Intention (s34 Penal Code), Presumption Under S37(h) Dangerous Drugs Act 1952, Prima Facie Test Under S180 CPC, Chain of Custody, Hidden Compartment / Concealment
Source Language
Malay/English
Criminal Law Drug Control Law Evidence Law Possession Knowledge Common Intention (s34 Penal Code) Presumption Under S37(h) Dangerous Drugs Act 1952 Prima Facie Test Under S180 CPC +2 more

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Parties

Public Prosecutor (Pendakwa Raya)

Prosecution

Mohd Fauzi bin Mat Senawi

Accused (okt1)

Miss Chehwoh Rusnanee

Accused (okt2)

Procedural Posture

Criminal — Dangerous Drugs (trafficking) / End of Prosecution Case — Court Found No Prima Facie Case; Accused Discharged

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s39B(1)(a) Dangerous Drugs Act 1952 read with s39B(2) and s34 Penal Code
  2. 2 Whether the accused had possession and knowledge of the seized Cannabis
  3. 3 Whether a hidden compartment in the vehicle was proven to trigger the s37(h) presumption of knowledge

Ratio Decidendi

Court held prosecution failed to establish a prima facie case because it did not prove the existence of a hidden/special compartment to engage the statutory presumption under s37(h) ADB 1952, and there was insufficient evidence to infer possession, knowledge or common intention by OKT1 and OKT2; therefore accused were discharged without being called to enter defence.

Court Disposition

OKT1 and OKT2 discharged and acquitted (released without being called to enter defence)

Orders

  • OKT1 (Mohd Fauzi bin Mat Senawi) discharged and acquitted
  • OKT2 (Miss Chehwoh Rusnanee) discharged and acquitted