[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZIA AMY BINTI ABDUL RASHID 2. ) NURULAKHLAH BIN AMID

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ZIA AMY BINTI ABDUL RASHID 2. ) NURULAKHLAH BIN AMID

Prosecution failed to prove beyond reasonable doubt that the accused had possession of and knowledge about the methamphetamine found in the unit because multiple persons had access, CCTV and witness evidence implicated others handling the package, investigators failed to probe co-suspects and withheld material (an access card), therefore no prima facie case for trafficking under s39B(1)(a) DDA was established and the accused must be acquitted.

Citation
WA-45A-94-09/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: Zia Amy binti Abdul Rashid; Co Accused (charge Withdrawn) / Witness: Nurulakhlah bin Amid
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 July 2024
Case Number
WA-45A-94-09/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal / Trial at Close of Prosecution Case; Acquitted at Prima Facie Stage
Outcome
Accused acquitted and discharged at close of prosecution case
Legal Topics
Drug Trafficking, Possession and Knowledge, Presumption of Trafficking, Prima Facie Proof, Investigation Adequacy, Section 39 B DDA, Section 37(da) DDA
Source Language
Malay/English
Criminal Law Drug Law Evidence Criminal Procedure Drug Trafficking Possession and Knowledge Presumption of Trafficking Prima Facie Proof +3 more

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Parties

PENDAKWA RAYA

Prosecution

Zia Amy binti Abdul Rashid

Accused

Nurulakhlah bin Amid

Co Accused (charge Withdrawn) / Witness

Procedural Posture

Criminal / Trial at Close of Prosecution Case; Acquitted at Prima Facie Stage

Legal Issues

  1. 1 Whether the prosecution proved identity of the drugs as methamphetamine
  2. 2 Whether the accused had possession and knowledge of the drugs found in unit J-01-03
  3. 3 Whether a prima facie case for trafficking under s39B(1)(a) DDA was established

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the accused had possession of and knowledge about the methamphetamine found in the unit because multiple persons had access, CCTV and witness evidence implicated others handling the package, investigators failed to probe co-suspects and withheld material (an access card), therefore no prima facie case for trafficking under s39B(1)(a) DDA was established and the accused must be acquitted.

Court Disposition

Accused acquitted and discharged at close of prosecution case

Orders

  • Accused Zia Amy binti Abdul Rashid acquitted and discharged without calling on her to make her defence
  • No further orders recorded