BA-45A-118-12/2019 (Mahkamah Tinggi)

BA-45A-118-12/2019 (Mahkamah Tinggi)

After maximum appraisal of prosecution evidence the court found multiple plausible inferences inconsistent with exclusive possession, control or knowledge by accused: vehicle was not owned by accused, third parties had access, DNA on steering excluded accused, prosecution failed to call material witnesses...

Source-derived case information.

Citation
BA-45A-118-12/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Defendant: PANG CHEE KEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2022
Case Number
BA-45A-118-12/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking (dangerous Drugs Act 1952) / Close of Prosecution Case / Judgment on Prima Facie
Outcome
Accused discharged and acquitted; no prima facie case established; accused not called to enter defence.
Legal Topics
Possession and Control, Knowledge of Illicit Drugs, Statutory Presumption S37(d) Dangerous Drugs Act 1952, Prima Facie Test Under S180 CPC, Duty to Call Material Witnesses / Adverse Inference S114(g) Evidence Act, Definition of Trafficking S2 DDA, Dna/forensic Evidence
Criminal Law Drug Offences Criminal Procedure Evidence Law Forensic Evidence Possession and Control Knowledge of Illicit Drugs Statutory Presumption S37(d) Dangerous Drugs Act 1952 +4 more

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Parties

PENDAKWA RAYA

Prosecution

PANG CHEE KEONG

Defendant

Procedural Posture

Criminal Trial Drug Trafficking (dangerous Drugs Act 1952) / Close of Prosecution Case / Judgment on Prima Facie

Legal Issues

  1. 1 Whether the prosecution proved possession and control of the drugs by the accused
  2. 2 Whether the accused had knowledge of the drugs
  3. 3 Whether statutory presumption under s37(d) Dangerous Drugs Act 1952 applies

Ratio Decidendi

After maximum appraisal of prosecution evidence the court found multiple plausible inferences inconsistent with exclusive possession, control or knowledge by accused: vehicle was not owned by accused, third parties had access, DNA on steering excluded accused, prosecution failed to call material witnesses (owner/lender) and did not rebut alternative inferences; therefore statutory presumption s37(d) did not apply and no prima facie case of possession/trafficking under s39B(1)(a) was established, so accused was discharged and acquitted without being called to enter defence.

Court Disposition

Accused discharged and acquitted; no prima facie case established; accused not called to enter defence.

Orders

  • Accused Pang Chee Keong discharged and set free without being called to enter defence
  • All exhibits returned to police for safekeeping except documents which remain with court until appeal disposed