[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 make out a prima facie case because it did not prove possession, control or knowledge of the drugs by the accused beyond mere presence: key witness evidence (Lim Yee Chuan) who had access and was visible on CCTV was not produced despite being identifiable, P28B was unreliable, forensic links were inconclusive, and there was insufficient evidence to infer trafficking or purposeful carrying for distribution; s114(g) adverse inference was applied against the prosecution and therefore the accused were acquitted at the close of the prosecution's case.

Citation
CB-45A-4-09/2019 (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-45A-4-09/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Trial Judgment (acquittal at Close of Prosecution)
Outcome
Accused acquitted and discharged; prosecution failed to make out a prima facie case
Legal Topics
Prima Facie Case, Possession and Control, Trafficking Definition, Adverse Inference for Non Production of Witness (s114(g) Evidence Act 1950), Statutory Presumptions Under Dangerous Drugs Act 1952, Access to Premises and Third Party Involvement, CCTV and Forensic Evidence, Prosecutorial Discretion to Call Witnesses
Source Language
Malay/English
Criminal Law Evidence Law Drugs Regulation Procedural Law Prima Facie Case Possession and Control Trafficking Definition Adverse Inference for Non Production of Witness (s114(g) Evidence Act 1950) +4 more

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Parties

Pendakwa Raya

Prosecution

Tan Car Chun

Accused

Ooi Zhe Xian

Accused

Procedural Posture

Criminal Drug Offences / Trial Judgment (acquittal at Close of Prosecution)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case at the close of its case
  2. 2 Whether the accused had possession, control and knowledge of the drugs found in the hotel room
  3. 3 Whether the facts supported an inference of trafficking under the Dangerous Drugs Act 1952 (definition in s2 and presumptions in s37(da) and offence s39B)

Ratio Decidendi

The prosecution failed to make out a prima facie case because it did not prove possession, control or knowledge of the drugs by the accused beyond mere presence: key witness evidence (Lim Yee Chuan) who had access and was visible on CCTV was not produced despite being identifiable, P28B was unreliable, forensic links were inconclusive, and there was insufficient evidence to infer trafficking or purposeful carrying for distribution; s114(g) adverse inference was applied against the prosecution and therefore the accused were acquitted at the close of the prosecution's case.

Court Disposition

Accused acquitted and discharged; prosecution failed to make out a prima facie case

Orders

  • Tan Car Chun and Ooi Zhe Xian are acquitted and discharged without being called to enter their defence on all charges