[Timbalan (TPR), Jabatan Peguam Negara] ROSMIRA BIN MOHD DAUD

[Timbalan (TPR), Jabatan Peguam Negara] ROSMIRA BIN MOHD DAUD

Although a prima facie case was made at the close of the prosecution, successful impeachment of material prosecution witness SP3 removed critical evidence that could exclude the possibility that SP3, not the accused, had possession; prosecution failed to exclude that possibility and thus failed to prove guilt beyond reasonable doubt, requiring acquittal.

Citation
CB-83D-739-06/2022 (Mahkamah Majistret)
Parties
Prosecutor: Pendakwa Raya; Accused: Rosmira bin Mohd Daud
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 April 2025
Case Number
CB-83D-739-06/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 (possession) / Judgment (acquittal After Full Trial)
Outcome
Accused acquitted and released
Legal Topics
Possession, Prima Facie Case, Impeachment of Witness, Chain of Custody, Reasonable Doubt, Burden of Proof
Source Language
Malay/English
Criminal Law Evidence Law Drugs Law Possession Prima Facie Case Impeachment of Witness Chain of Custody Reasonable Doubt +1 more

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Parties

Pendakwa Raya

Prosecutor

Rosmira bin Mohd Daud

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 (possession) / Judgment (acquittal After Full Trial)

Legal Issues

  1. 1 Whether the prosecution proved possession (control and knowledge) of the drug by the accused
  2. 2 Whether the seized substance was a dangerous drug listed in the First Schedule
  3. 3 Whether a prima facie case existed at the close of the prosecution and whether the defence raised a reasonable doubt at the close of the whole case

Ratio Decidendi

Although a prima facie case was made at the close of the prosecution, successful impeachment of material prosecution witness SP3 removed critical evidence that could exclude the possibility that SP3, not the accused, had possession; prosecution failed to exclude that possibility and thus failed to prove guilt beyond reasonable doubt, requiring acquittal.

Court Disposition

Accused acquitted and released

Orders

  • Accused Rosmira bin Mohd Daud is acquitted and discharged of the charge
  • Bail money returned to the accused