1. ) ABDULLAH BIN ATAN 2. ) MOHAMMAD REZA GHAEM PANAH NEZAMALI 3. ) HASSAN JAVADIPIROUZ AVAZALI 4. ) PUBLIC PROSECUTOR 1. ) PUBLIC PROSECUTOR 2. ) MAHMOOD YARY MOHAMMAD (PASSPORT NO. H 20682101S)

1. ) ABDULLAH BIN ATAN 2. ) MOHAMMAD REZA GHAEM PANAH NEZAMALI 3. ) HASSAN JAVADIPIROUZ AVAZALI 4. ) PUBLIC PROSECUTOR 1. ) PUBLIC PROSECUTOR 2. ) MAHMOOD YARY MOHAMMAD (PASSPORT NO. H 20682101S)

Section 180(4) CPC must be read harmoniously with section 37(da) DDA: once credible evidence establishes actual possession and the statutory weight is met, the court may invoke the rebuttable presumption of trafficking under section 37(da) to make out a prima facie case; appellants Abdullah, Reza and Hasan had possession and statutory weight established so their convictions and death sentences are affirmed; prosecution's appeal against Mahmood fails because possession was not proven against him and his acquittal is affirmed.

Citation
05(M)-56-02/2019(J); DIDENGAR BERSAMA 05(M)-205-09/2018(W); 05(M)-206-09/2018(W); 05(LB)-207-09/2018(W) (Mahkamah Persekutuan)
Parties
Appellant: Abdullah bin Atan; Appellant: Mohammad Reza Ghaem Panah Nezamali; Appellant: Hassan Javadipirouz Avazali; Respondent: Public Prosecutor; Appellant: Public Prosecutor; Respondent: Mahmood Yary Mohammad
Court
M
Jurisdiction
Malaysia
Judgment Date
26 August 2020
Case Number
05(M)-56-02/2019(J); DIDENGAR BERSAMA 05(M)-205-09/2018(W); 05(M)-206-09/2018(W); 05(LB)-207-09/2018(W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Appeal / Federal Court Final Judgment
Outcome
Appeals by Abdullah bin Atan, Mohammad Reza Ghaem Panah Nezamali and Hassan Javadipirouz Avazali dismissed; their convictions and death sentences affirmed. Prosecution's appeal against Mahmood Yary Mohammad dismissed; Mahmood's acquittal and discharge affirmed.
Legal Topics
Prima Facie Test, Presumption of Trafficking, Burden of Proof, Possession, Section 180 Criminal Procedure Code, Section 37(da) Dangerous Drugs Act 1952
Source Language
Malay/English
Criminal Law Evidence Drugs Law Procedural Law Prima Facie Test Presumption of Trafficking Burden of Proof Possession +2 more

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Parties

Abdullah bin Atan

Appellant

Mohammad Reza Ghaem Panah Nezamali

Appellant

Hassan Javadipirouz Avazali

Appellant

Public Prosecutor

Respondent

Public Prosecutor

Appellant

Mahmood Yary Mohammad

Respondent

Procedural Posture

Criminal Appeal / Federal Court Final Judgment

Legal Issues

  1. 1 Whether the statutory presumption of trafficking in section 37(da) DDA constitutes credible evidence for the prosecution to make out a prima facie case under section 180(4) CPC
  2. 2 Whether convictions of Abdullah, Reza and Hasan are safe on the facts
  3. 3 Whether the acquittal of Mahmood was sustainable

Ratio Decidendi

Section 180(4) CPC must be read harmoniously with section 37(da) DDA: once credible evidence establishes actual possession and the statutory weight is met, the court may invoke the rebuttable presumption of trafficking under section 37(da) to make out a prima facie case; appellants Abdullah, Reza and Hasan had possession and statutory weight established so their convictions and death sentences are affirmed; prosecution's appeal against Mahmood fails because possession was not proven against him and his acquittal is affirmed.

Court Disposition

Appeals by Abdullah bin Atan, Mohammad Reza Ghaem Panah Nezamali and Hassan Javadipirouz Avazali dismissed; their convictions and death sentences affirmed. Prosecution's appeal against Mahmood Yary Mohammad dismissed; Mahmood's acquittal and discharge affirmed.

Orders

  • Dismiss appeals of Abdullah, Reza and Hasan and affirm convictions and sentences imposed by the courts below
  • Dismiss prosecution's appeal and affirm Court of Appeal order of acquittal and discharge of Mahmood Yary Mohammad