MUHAMMAD ZAKIMI BIN MOHD ZAKI

MUHAMMAD ZAKIMI BIN MOHD ZAKI

Although the prosecution proved that the seized substances were scheduled poisons, it failed to prove prima facie that the accused had control or possession of those items. The investigating officers' evidence was inconsistent and not credible, the seized items were found in open accessible places usable by others, and material witnesses (co-accused/witness and accused's mother) were not called creating a legitimate adverse inference. On maximum evaluation of the prosecution case, no prima facie case existed; therefore the accused was properly discharged without being called to enter his defence.

Citation
DE-82D-8-12/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya (Jabatan Peguam Negara); Accused: Muhammad Zakimi bin Mohd Zaki; Co Accused/witness: Suhaimi bin Muhammad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
27 June 2024
Case Number
DE-82D-8-12/2022 (Mahkamah Majistret)
Procedural Posture
Criminal (narcotics/poisons) / Close of Prosecution Case — Magistrate Considered Prima Facie and Discharged Accused Without Calling Defence
Outcome
Acquitted and discharged; magistrate upheld decision to discharge accused without calling him to enter defence (no case to answer)
Legal Topics
Possession/control of Scheduled Poison, Prima Facie Evaluation, Adverse Inference (s114(g) Evidence Act), Credibility of Investigating Officers, Failure to Call Key Witnesses
Source Language
Malay/English
Criminal Law Narcotics/poisons Law Evidence Law Possession/control of Scheduled Poison Prima Facie Evaluation Adverse Inference (s114(g) Evidence Act) Credibility of Investigating Officers Failure to Call Key Witnesses

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Parties

Pendakwa Raya (Jabatan Peguam Negara)

Prosecution

Muhammad Zakimi bin Mohd Zaki

Accused

Suhaimi bin Muhammad

Co Accused/witness

Procedural Posture

Criminal (narcotics/poisons) / Close of Prosecution Case — Magistrate Considered Prima Facie and Discharged Accused Without Calling Defence

Legal Issues

  1. 1 Whether prosecution proved prima facie that accused had control/possession of scheduled poisons
  2. 2 Whether prosecution witnesses (investigating officers) were credible given inconsistent investigation and charging decisions
  3. 3 Whether failure to call a material witness (co-accused/witness and accused's mother) attracts adverse inference under s114(g) Evidence Act

Ratio Decidendi

Although the prosecution proved that the seized substances were scheduled poisons, it failed to prove prima facie that the accused had control or possession of those items. The investigating officers' evidence was inconsistent and not credible, the seized items were found in open accessible places usable by others, and material witnesses (co-accused/witness and accused's mother) were not called creating a legitimate adverse inference. On maximum evaluation of the prosecution case, no prima facie case existed; therefore the accused was properly discharged without being called to enter his defence.

Court Disposition

Acquitted and discharged; magistrate upheld decision to discharge accused without calling him to enter defence (no case to answer)

Orders

  • Accused Muhammad Zakimi bin Mohd Zaki is acquitted and discharged without being called to enter his defence