[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB

Prosecution failed to adduce credible evidence proving all essential ingredients: despite chemical confirmation and linkage of exhibits, failure to call or adequately investigate material witnesses (notably 'Anuar'), gaps in investigatory record-keeping and non-production of material evidence warranted drawing an adverse inference under s.114(g) Evidence Act, so no prima facie case existed and accused were to be acquitted without being called to enter defence.

Citation
CB-45A-8-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Accused: Erieyuzwan bin Mokhtar; Accused: Nornabila binti Abdul Mutalib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 January 2025
Case Number
CB-45A-8-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / End of Prosecution Case — Consideration of Prima Facie Under S.180 CPC
Outcome
Accused acquitted
Legal Topics
Prima Facie, Drug Trafficking, Chain of Custody, Adverse Inference (non Production), Presumptions Under Dangerous Drugs Act, Section 180 CPC, Section 182 a CPC
Source Language
Malay/English
Criminal Law Evidence Procedure Prima Facie Drug Trafficking Chain of Custody Adverse Inference (non Production) Presumptions Under Dangerous Drugs Act +2 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Erieyuzwan bin Mokhtar

Accused

Nornabila binti Abdul Mutalib

Accused

Procedural Posture

Criminal Drug Offences / End of Prosecution Case — Consideration of Prima Facie Under S.180 CPC

Legal Issues

  1. 1 Whether the prosecution had adduced credible evidence making out a prima facie case under s.180 CPC
  2. 2 Whether chain of custody and identity of seized exhibits were established
  3. 3 Whether accused had possession, control and knowledge of the drugs

Ratio Decidendi

Prosecution failed to adduce credible evidence proving all essential ingredients: despite chemical confirmation and linkage of exhibits, failure to call or adequately investigate material witnesses (notably 'Anuar'), gaps in investigatory record-keeping and non-production of material evidence warranted drawing an adverse inference under s.114(g) Evidence Act, so no prima facie case existed and accused were to be acquitted without being called to enter defence.

Court Disposition

Accused acquitted

Orders

  • Erieyuzwan bin Mokhtar and Nornabila binti Abdul Mutalib are acquitted of all charges and discharged without being called to enter their defence