LEE SEE WEI

LEE SEE WEI

Although prosecution established the drugs and chain of custody to a prima facie standard, the defence adduced credible sworn evidence (SD2) identifying himself as owner and exposing significant investigative gaps and inconsistencies (absence of fingerprint/DNA analysis, factual conflicts in police testimony and plausible alternative narrative) which created reasonable doubt; on full consideration of all evidence the court concluded the prosecution did not prove guilt beyond reasonable doubt and acquitted the accused.

Citation
KA-45A-57-08/2019 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Lee See Wei
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 November 2024
Case Number
KA-45A-57-08/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Trial Judgment
Outcome
acquitted and discharged
Legal Topics
Possession, Trafficking, Chain of Custody, Presumption of Possession, Expert Evidence, Reasonable Doubt
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Chain of Custody Presumption of Possession Expert Evidence +1 more

Case Brief

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Parties

Pendakwa Raya

Prosecution

Lee See Wei

Defendant

Procedural Posture

Criminal Trial / Trial Judgment

Legal Issues

  1. 1 Whether prosecution established prima facie case for trafficking under s39B DDA 1952
  2. 2 Whether accused had custody, control and knowledge (possession) of the drugs
  3. 3 Whether statutory presumption under s37(da) ADB 1952 arises

Ratio Decidendi

Although prosecution established the drugs and chain of custody to a prima facie standard, the defence adduced credible sworn evidence (SD2) identifying himself as owner and exposing significant investigative gaps and inconsistencies (absence of fingerprint/DNA analysis, factual conflicts in police testimony and plausible alternative narrative) which created reasonable doubt; on full consideration of all evidence the court concluded the prosecution did not prove guilt beyond reasonable doubt and acquitted the accused.

Court Disposition

acquitted and discharged

Orders

  • Lee See Wei is acquitted and discharged of all charges in KA-45A-57-08/2019 and KA-45-20-08/2019