[ ] David Anak Anding

[ ] David Anak Anding

Prosecution failed to prove possession (exclusive custody/control and knowledge) and failed to establish an unbroken chain of evidence and credible CCTV/identification of the other registrant; these deficiencies defeated the prima facie case and precluded invocation of the statutory presumption of trafficking, therefore accused must be discharged under the prima facie test in s180 CrPC.

Citation
BA-45-14-03/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDakwa RAYA; Accused: DAVID ANAK ANDING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 October 2022
Case Number
BA-45-14-03/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / End of Prosecution Case — Court Considered Prima Facie Under S180 Cr PC and Discharged Accused
Outcome
Prosecution failed to establish a prima facie case; accused discharged and acquitted at end of prosecution case
Legal Topics
Trafficking, Possession, Chain of Custody, Common Intention (section 34 Penal Code), Prima Facie Test, Statutory Presumption S37(da) Dangerous Drugs Act 1952, Failure to Call Material Witness
Source Language
Malay/English
Criminal Law Drug Offences Evidence Procedural Law Trafficking Possession Chain of Custody Common Intention (section 34 Penal Code) +3 more

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Parties

PENDakwa RAYA

Prosecution

DAVID ANAK ANDING

Accused

Procedural Posture

Criminal Trial / End of Prosecution Case — Court Considered Prima Facie Under S180 Cr PC and Discharged Accused

Legal Issues

  1. 1 Whether prosecution proved a prima facie case for trafficking under s39B(1)(a) ADB 1952
  2. 2 Whether accused had possession (custody/control and knowledge) of the seized drugs
  3. 3 Whether statutory presumption under s37(da) ADB 1952 could be invoked

Ratio Decidendi

Prosecution failed to prove possession (exclusive custody/control and knowledge) and failed to establish an unbroken chain of evidence and credible CCTV/identification of the other registrant; these deficiencies defeated the prima facie case and precluded invocation of the statutory presumption of trafficking, therefore accused must be discharged under the prima facie test in s180 CrPC.

Court Disposition

Prosecution failed to establish a prima facie case; accused discharged and acquitted at end of prosecution case

Orders

  • Accused discharged and acquitted under Section 180 Criminal Procedure Code (no prima facie case)
  • Prosecution's charges dismissed at close of prosecution case