[KETUA POLIS SELANGOR] 1. ) SHAHRIFUZIE BIN SULAIMAN 2. ) ALEXSIS ANAK RICHARD 3. ) MOHAMAD NAZMIN BIN MAT NAYAM

[KETUA POLIS SELANGOR] 1. ) SHAHRIFUZIE BIN SULAIMAN 2. ) ALEXSIS ANAK RICHARD 3. ) MOHAMAD NAZMIN BIN MAT NAYAM

The prosecution failed to establish a prima facie case because evidence as to exclusive custody/control by the accused was inconsistent and uncorroborated, witness accounts conflicted, and the chain of custody and investigative procedures were defective, producing reasonable doubt; accordingly the accused must be acquitted and discharged.

Citation
BE-82D-1-1/2020 (Mahkamah Majistret)
Parties
Prosecutor: Public Prosecutor; Accused: Shahrifuzie bin Sulaiman; Accused: Alexsis anak Richard; Accused: Mohamad Nazmin bin Mat Nayam; Accused: Mohd Fazly bin Mashhuri
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
26 March 2024
Case Number
BE-82D-1-1/2020 (Mahkamah Majistret)
Procedural Posture
Criminal (poisons Act 1952) / Prima Facie Hearing at End of Prosecution Case; Accused Discharged
Outcome
Accused acquitted and discharged (no prima facie case)
Legal Topics
Possession, Prima Facie Burden, Presumption of Knowledge Under S30(4) Poisons Act, Chain of Custody, Investigation Deficiencies
Source Language
Malay/English
Criminal Law Evidence Police Procedure Forensic/chain of Custody Possession Prima Facie Burden Presumption of Knowledge Under S30(4) Poisons Act Chain of Custody +1 more

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Parties

Public Prosecutor

Prosecutor

Shahrifuzie bin Sulaiman

Accused

Alexsis anak Richard

Accused

Mohamad Nazmin bin Mat Nayam

Accused

Mohd Fazly bin Mashhuri

Accused

Procedural Posture

Criminal (poisons Act 1952) / Prima Facie Hearing at End of Prosecution Case; Accused Discharged

Legal Issues

  1. 1 Whether prosecution proved a prima facie case at the close of its case
  2. 2 Whether each accused had custody or control (possession) of the Mytragynine found
  3. 3 Whether statutory presumption under s30(4) of the Poisons Act was triggered and rebutted

Ratio Decidendi

The prosecution failed to establish a prima facie case because evidence as to exclusive custody/control by the accused was inconsistent and uncorroborated, witness accounts conflicted, and the chain of custody and investigative procedures were defective, producing reasonable doubt; accordingly the accused must be acquitted and discharged.

Court Disposition

Accused acquitted and discharged (no prima facie case)

Orders

  • Shahrifuzie bin Sulaiman, Alexsis anak Richard, Mohamad Nazmin bin Mat Nayam and Mohd Fazly bin Mashhuri are acquitted and discharged for the charges in BE-82D-1-1/2020 & BE-82D-2-1/2020
  • Case dismissed at end of prosecution case for lack of prima facie evidence