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

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

Court found prosecution proved a prima facie case for trafficking (110g Ketamine) and possession (24g MDMA) against OKT1 and OKT2 by applying s37(d) presumption because OKT1 was seen holding/handing/throwing bags and OKT2 had custody/control of the vehicle; OKT3 successfully rebutted the presumption and was acquitted; OKT4–OKT6 had no evidential link and were discharged; prejudicial evidence relating to drugs found in the house was expunged and did not affect the core finding; sentencing imposed accordingly.

Citation
BA-45A-51-05/2019 (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-45A-51-05/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
OKT1 (CHONG KOK CHOY) and OKT2 (ZACCHAEUS LIEW KAH HOU) convicted of trafficking and possession charges; OKT3 (CHONG JIA XIN) acquitted and discharged of all charges; OKT4 (LIM CHEE CHOONG), OKT5 (YONG THAI SIN) and OKT6 (CHONG CHEE WAH) acquitted and discharged at close of prosecution case.
Legal Topics
Trafficking, Possession, Presumption of Knowledge (s37(d) Dda), Admissibility of Prejudicial Evidence, Sentencing Under DDA, Ownership and Custody Issues
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Trafficking Possession Presumption of Knowledge (s37(d) Dda) Admissibility of Prejudicial Evidence Sentencing Under DDA +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 / Judgment and Sentencing

Legal Issues

  1. 1 Whether prosecution proved trafficking and possession beyond reasonable doubt
  2. 2 Whether the presumption under section 37(d) of the Dangerous Drugs Act applies to accused found in custody or control of vehicle and bags
  3. 3 Whether evidence relating to drugs found in a house was admissible or prejudicial

Ratio Decidendi

Court found prosecution proved a prima facie case for trafficking (110g Ketamine) and possession (24g MDMA) against OKT1 and OKT2 by applying s37(d) presumption because OKT1 was seen holding/handing/throwing bags and OKT2 had custody/control of the vehicle; OKT3 successfully rebutted the presumption and was acquitted; OKT4–OKT6 had no evidential link and were discharged; prejudicial evidence relating to drugs found in the house was expunged and did not affect the core finding; sentencing imposed accordingly.

Court Disposition

OKT1 (CHONG KOK CHOY) and OKT2 (ZACCHAEUS LIEW KAH HOU) convicted of trafficking and possession charges; OKT3 (CHONG JIA XIN) acquitted and discharged of all charges; OKT4 (LIM CHEE CHOONG), OKT5 (YONG THAI SIN) and OKT6 (CHONG CHEE WAH) acquitted and discharged at close of prosecution case.

Orders

  • Trafficking (110g Ketamine) — OKT1: 30 years imprisonment; OKT2: 30 years imprisonment and 12 strokes of whipping
  • Possession (24g 3,4 MDMA) — OKT1 and OKT2: 5 years imprisonment each