AB45A-11-09/2018 (Mahkamah Tinggi)

AB45A-11-09/2018 (Mahkamah Tinggi)

Defence evidence, corroborated by witnesses and early disclosure, successfully rebutted the statutory presumption of trafficking on the balance of probabilities and raised reasonable doubt as to actus reus and mens rea for both charges; prosecution therefore failed to prove guilt beyond reasonable doubt and accused must be acquitted and discharged of both charges.

Citation
AB45A-11-09/2018 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Bathmanathan a/l Maniam
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2021
Case Number
AB45A-11-09/2018 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking and Possession of Poison / Judgment Accused Acquitted and Discharged
Outcome
Accused acquitted and discharged of both charges
Legal Topics
Trafficking, Possession, Statutory Presumption of Trafficking, Chain of Custody, Hostile Witness, Burden of Proof, Rebuttal on Balance of Probabilities
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Trafficking Possession Statutory Presumption of Trafficking Chain of Custody +3 more

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Parties

Public Prosecutor

Prosecution

Bathmanathan a/l Maniam

Defendant

Procedural Posture

Criminal Drug Trafficking and Possession of Poison / Judgment Accused Acquitted and Discharged

Legal Issues

  1. 1 Whether prosecution proved possession and trafficking beyond reasonable doubt
  2. 2 Whether statutory presumption of trafficking under section 37(da)(i) DDA was rebutted on the balance of probabilities
  3. 3 Whether possession of poison under the Poisons Act was proved beyond reasonable doubt

Ratio Decidendi

Defence evidence, corroborated by witnesses and early disclosure, successfully rebutted the statutory presumption of trafficking on the balance of probabilities and raised reasonable doubt as to actus reus and mens rea for both charges; prosecution therefore failed to prove guilt beyond reasonable doubt and accused must be acquitted and discharged of both charges.

Court Disposition

Accused acquitted and discharged of both charges

Orders

  • Accused acquitted and discharged of first charge (trafficking heroin) pursuant to section 182A(3) CPC
  • Accused acquitted and discharged of second charge (possession of poison) pursuant to section 182A(3) CPC