[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN CAR CHUN 2. ) OOI ZHE XIAN

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN CAR CHUN 2. ) OOI ZHE XIAN

The prosecution failed to prove a prima facie case on all charges because it did not establish that the drugs were in the possession, control or knowledge of the accused nor that the requisite purpose of trafficking was proved; material witnesses who had access to the room (notably Lim Yee Chuan) were not produced,...

Source-derived case information.

Citation
CB-45-6-09/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Tan Car Chun; Accused: Ooi Zhe Xian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 October 2023
Case Number
CB-45-6-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Decision at Close of Prosecution (prima Facie Stage)
Outcome
OKT1 (Tan Car Chun) and OKT2 (Ooi Zhe Xian) acquitted and discharged without being called to enter their defence.
Legal Topics
Possession of Drugs, Trafficking, Prima Facie Proof, Adverse Inference for Non Production of Witness (s114(g) Evidence Act 1950), Chain of Custody and Forensic Evidence, Access to Premises
Criminal Law Drugs Law Evidence Law Possession of Drugs Trafficking Prima Facie Proof Adverse Inference for Non Production of Witness (s114(g) Evidence Act 1950) Chain of Custody and Forensic Evidence +1 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Tan Car Chun

Accused

Ooi Zhe Xian

Accused

Procedural Posture

Criminal / Decision at Close of Prosecution (prima Facie Stage)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case against the accused at the close of its case
  2. 2 Whether the drugs found were in the possession, control or knowledge of the accused
  3. 3 Whether the conduct proved amounted to trafficking under the Dangerous Drugs Act 1952

Ratio Decidendi

The prosecution failed to prove a prima facie case on all charges because it did not establish that the drugs were in the possession, control or knowledge of the accused nor that the requisite purpose of trafficking was proved; material witnesses who had access to the room (notably Lim Yee Chuan) were not produced, justifying application of s114(g) adverse inference, and the remaining evidence (CCTV, P28B, fingerprints/DNA) was insufficient to displace reasonable doubt; accordingly the accused were acquitted without being called to enter their defence.

Court Disposition

OKT1 (Tan Car Chun) and OKT2 (Ooi Zhe Xian) acquitted and discharged without being called to enter their defence.

Orders

  • OKT1 and OKT2 are acquitted of all charges and discharged without being called upon to enter their defence.