1. ) AFRIZAL ISHA ADAM 2. ) HENDRI SIPARMI 3. ) M. ADAM ABDULLAH

1. ) AFRIZAL ISHA ADAM 2. ) HENDRI SIPARMI 3. ) M. ADAM ABDULLAH

Prosecution failed to prove a prima facie case because material doubt existed on the arrest location (absence of GPS images and inconsistent timeline), significant unexplained discrepancies and gaps in the chain of custody and weights of the drug exhibits, and absence of evidence proving knowledge/possession by the accused; those defects, unremedied, mandate discharge without calling the accused to answer.

Citation
KA-45A-9-03/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Afrizal Isha Adam; Accused: Hendri Siparmi; Accused: M. Adam Abdullah
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 July 2024
Case Number
KA-45A-9-03/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / End of Prosecution: Prima Facie Hearing Resulting in Discharge
Outcome
Three accused discharged and released; acquitted without being called to enter defence
Legal Topics
Possession, Trafficking, Prima Facie Test, Chain of Custody, Jurisdiction (territorial Waters), Adverse Inference (non‑production of Evidence)
Source Language
Malay/English
Criminal Law Drug Offences Maritime Jurisdiction Evidence Law Possession Trafficking Prima Facie Test Chain of Custody +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pendakwa Raya

Prosecutor

Afrizal Isha Adam

Accused

Hendri Siparmi

Accused

M. Adam Abdullah

Accused

Procedural Posture

Criminal Drug Trafficking / End of Prosecution: Prima Facie Hearing Resulting in Discharge

Legal Issues

  1. 1 Whether the alleged detention occurred within Malaysian territorial waters (jurisdiction)
  2. 2 Whether a prima facie case was established under s180 KTJ
  3. 3 Integrity and chain of custody of drug exhibits (discrepancies in weights and repackaging)

Ratio Decidendi

Prosecution failed to prove a prima facie case because material doubt existed on the arrest location (absence of GPS images and inconsistent timeline), significant unexplained discrepancies and gaps in the chain of custody and weights of the drug exhibits, and absence of evidence proving knowledge/possession by the accused; those defects, unremedied, mandate discharge without calling the accused to answer.

Court Disposition

Three accused discharged and released; acquitted without being called to enter defence

Orders

  • Ketiga‑tiga OKT dilepas dan dibebaskan tanpa dipanggil membela diri (accused discharged and acquitted without being called to enter defence)