[ ] 1. ) Chong Kok Choy 2. ) Zacchaeus Liew Kah Hou 3. ) Chong Jia Xin 4. ) Lim Chee Choong 5. ) Yong Thai Sin 6. ) Chong Chee Wah

[ ] 1. ) Chong Kok Choy 2. ) Zacchaeus Liew Kah Hou 3. ) Chong Jia Xin 4. ) Lim Chee Choong 5. ) Yong Thai Sin 6. ) Chong Chee Wah

The court held that the prosecution proved a prima facie case against OKT1 and OKT2 by establishing custody and control of the two red bags and the vehicle, thereby invoking the statutory presumption under s37(d) DDA which the accused failed to rebut on balance; OKT3 successfully rebutted the presumption and was acquitted; OKT4-OKT6 were acquitted at close of prosecution case for lack of linkage; convictions and sentences for trafficking and possession follow based on chemical analysis and statutory provisions.

Citation
BA-45-22-07/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: CHONG KOK CHOY; Accused: ZACCHAEUS LIEW KAH HOU; Accused: CHONG JIA XIN; Accused: LIM CHEE CHOONG; Accused: YONG THAI SIN; Accused: CHONG CHEE WAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 August 2024
Case Number
BA-45-22-07/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Offences / Judgment and Sentencing After Close of Prosecution Case
Outcome
OKT1 and OKT2 convicted of trafficking and related possession offences; OKT3 acquitted on all charges; OKT4, OKT5 and OKT6 acquitted and discharged at close of prosecution case.
Legal Topics
Trafficking, Possession, Presumption of Knowledge and Possession (s37(d) Dda), Admissibility and Hearsay, Forfeiture Proceedings, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession Presumption of Knowledge and Possession (s37(d) Dda) Admissibility and Hearsay Forfeiture Proceedings +1 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

CHONG KOK CHOY

Accused

ZACCHAEUS LIEW KAH HOU

Accused

CHONG JIA XIN

Accused

LIM CHEE CHOONG

Accused

YONG THAI SIN

Accused

CHONG CHEE WAH

Accused

Procedural Posture

Criminal Trial Drug Offences / Judgment and Sentencing After Close of Prosecution Case

Legal Issues

  1. 1 Whether prosecution proved custody, control and knowledge of drugs by accused to satisfy possession and trafficking offences
  2. 2 Admissibility and relevance of evidence relating to drugs found in house and related witness statements
  3. 3 Whether presumption under section 37(d) Dangerous Drugs Act applies and was rebutted

Ratio Decidendi

The court held that the prosecution proved a prima facie case against OKT1 and OKT2 by establishing custody and control of the two red bags and the vehicle, thereby invoking the statutory presumption under s37(d) DDA which the accused failed to rebut on balance; OKT3 successfully rebutted the presumption and was acquitted; OKT4-OKT6 were acquitted at close of prosecution case for lack of linkage; convictions and sentences for trafficking and possession follow based on chemical analysis and statutory provisions.

Court Disposition

OKT1 and OKT2 convicted of trafficking and related possession offences; OKT3 acquitted on all charges; OKT4, OKT5 and OKT6 acquitted and discharged at close of prosecution case.

Orders

  • Trafficking (110g Ketamine) against OKT1 and OKT2: 30 years imprisonment each; OKT2 to be whipped 12 strokes; OKT1 spared whipping due to age
  • Possession (24g 3,4 MDMA) against OKT1 and OKT2: 5 years imprisonment each