ONG YEW LUY

ONG YEW LUY

At the close of prosecution the court found a prima facie case: direct evidence that accused held and handed the package and chemical analysis confirming 741.9g methamphetamine raised the presumption of distribution. However, on full consideration including sworn defence evidence and testimony of SD2 and SD3, the defence raised a reasonable doubt as to whether the accused had physical custody and knowledge of the package as alleged; that reasonable doubt undermined both possession and the statutory presumption of distribution; accordingly prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.

Citation
KA-45A-4-02/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Public Prosecutor; Accused / Orang Kena Tuduh (okt): Ong Yew Luy
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2025
Case Number
KA-45A-4-02/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Dangerous Drugs / Trial Judgment (acquittal)
Outcome
Accused acquitted and discharged
Legal Topics
Possession, Knowledge (mens Rea), Presumption of Distribution/trafficking, Prima Facie Test, Burden of Proof, Credibility of Interested Witnesses, Chain of Custody
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Knowledge (mens Rea) Presumption of Distribution/trafficking Prima Facie Test Burden of Proof +2 more

Case Brief

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Parties

Public Prosecutor

Prosecutor

Ong Yew Luy

Accused / Orang Kena Tuduh (okt)

Procedural Posture

Criminal Dangerous Drugs / Trial Judgment (acquittal)

Legal Issues

  1. 1 Whether prosecution proved accused's possession (custody and control) of seized methamphetamine
  2. 2 Whether accused had knowledge of nature of the seized substance
  3. 3 Whether statutory presumption of distribution (per weight) applied and was rebutted

Ratio Decidendi

At the close of prosecution the court found a prima facie case: direct evidence that accused held and handed the package and chemical analysis confirming 741.9g methamphetamine raised the presumption of distribution. However, on full consideration including sworn defence evidence and testimony of SD2 and SD3, the defence raised a reasonable doubt as to whether the accused had physical custody and knowledge of the package as alleged; that reasonable doubt undermined both possession and the statutory presumption of distribution; accordingly prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.

Court Disposition

Accused acquitted and discharged

Orders

  • Ong Yew Luy is acquitted and discharged of the charge under paragraph 39B(1)(a) Dangerous Drugs Act 1952 punishable under subsection 39B(2)