1. ) OH HAN HO 2. ) Kek Chee Seng - Dnaa 3. ) Tong Soon Thong - Dnaa 4. ) Chew Tiam Beng - Dnaa 5. ) Lee Tse Tak - Dnaa 6. ) Ng Chun Chai - Dnaa

1. ) OH HAN HO 2. ) Kek Chee Seng - Dnaa 3. ) Tong Soon Thong - Dnaa 4. ) Chew Tiam Beng - Dnaa 5. ) Lee Tse Tak - Dnaa 6. ) Ng Chun Chai - Dnaa

Although the prosecution proved seizure, drug type and weight and established a prima facie case including the application of s.37(da) presumption, the prosecution failed to produce material witnesses (B2–B6) that were offered and essential to the defence narrative; that failure denied the accused a fair trial, allowed the defence to raise reasonable doubt on balance of probabilities and compelled the court to acquit and discharge the accused.

Citation
JA-45A-74-11/2021 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Oh Han Ho
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 March 2024
Case Number
JA-45A-74-11/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal / High Court Judgment — Acquittal and Release (post‑trial Reasons)
Outcome
Acquitted and discharged
Legal Topics
Possession, Trafficking/distribution, Chain of Custody, Prima Facie Case, Right to Fair Trial, Prosecution Duty to Call Witnesses, Statutory Presumptions (s.37(da))
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Criminal Procedure Possession Trafficking/distribution Chain of Custody Prima Facie Case +3 more

Case Brief

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Parties

Public Prosecutor

Prosecution

Oh Han Ho

Defendant

Procedural Posture

Criminal / High Court Judgment — Acquittal and Release (post‑trial Reasons)

Legal Issues

  1. 1 Whether the prosecution proved possession and knowledge of the drugs
  2. 2 Whether chain of custody and chemical analysis established the drug type and weight
  3. 3 Whether the statutory presumption under s.37(da) of the Dangerous Drugs Act applied to infer trafficking

Ratio Decidendi

Although the prosecution proved seizure, drug type and weight and established a prima facie case including the application of s.37(da) presumption, the prosecution failed to produce material witnesses (B2–B6) that were offered and essential to the defence narrative; that failure denied the accused a fair trial, allowed the defence to raise reasonable doubt on balance of probabilities and compelled the court to acquit and discharge the accused.

Court Disposition

Acquitted and discharged

Orders

  • Oh Han Ho is acquitted and discharged of the charge under s.39B(1)(a) Akta Dadah Berbahaya 1952 and is released.