MUHAMMAD FARHANUDIN BIN ABDUL RASHID

MUHAMMAD FARHANUDIN BIN ABDUL RASHID

Prosecution failed to establish a prima facie case as material elements of possession and knowledge were not proven beyond reasonable doubt due to illogical and conflicting police testimony, unexplained contradictions (including between SP1 and SP5), and prosecution's failure to call or offer material public witnesses/recordings which created reasonable doubt; accordingly accused was properly acquitted without being called to enter defence.

Citation
PA-62D-37-01/2020 (Mahkamah Sesyen)
Parties
Prosecution: Pendakwa Raya; Defendant: Muhammad Farahanudin bin Abdul Rashid
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 October 2022
Case Number
PA-62D-37-01/2020 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Possession / End of Prosecution Case (prima Facie Stage)
Outcome
Accused acquitted and discharged without being called to enter defence
Legal Topics
Possession, Knowledge, Prima Facie Assessment, Credibility of Prosecution Witnesses, Failure to Call Witnesses, Adverse Inference, Search and Seizure, Expert Evidence
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedure Possession Knowledge Prima Facie Assessment Credibility of Prosecution Witnesses +4 more

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Parties

Pendakwa Raya

Prosecution

Muhammad Farahanudin bin Abdul Rashid

Defendant

Procedural Posture

Criminal Drug Possession / End of Prosecution Case (prima Facie Stage)

Legal Issues

  1. 1 Whether prosecution proved a prima facie case of possession and knowledge of dangerous drugs
  2. 2 Credibility and consistency of police witnesses' evidence
  3. 3 Whether prosecution's failure to call or offer material witnesses/r recordings gives rise to adverse inference under s114(g) Evidence Act 1950

Ratio Decidendi

Prosecution failed to establish a prima facie case as material elements of possession and knowledge were not proven beyond reasonable doubt due to illogical and conflicting police testimony, unexplained contradictions (including between SP1 and SP5), and prosecution's failure to call or offer material public witnesses/recordings which created reasonable doubt; accordingly accused was properly acquitted without being called to enter defence.

Court Disposition

Accused acquitted and discharged without being called to enter defence

Orders

  • Defendant Muhammad Farahanudin bin Abdul Rashid is acquitted and discharged without being called to enter defence