1. Saktieswaran A/L Gunaseelan 2. Muhamad Syafiq bin Abdul Rahman

1. Saktieswaran A/L Gunaseelan 2. Muhamad Syafiq bin Abdul Rahman

On maximum evaluation the prosecution failed to prove a prima facie case: the arresting officer's evidence was not credible or sufficiently corroborated, the site was open and accessible so access by others could not be excluded, there were material unexplained discrepancies in weights and a break in chain of custody, and those defects raised reasonable doubt — therefore both accused were discharged and not called to enter defence.

Citation
WA-62D-710-10/2019 (Mahkamah Sesyen)
Parties
Appellant: Pendakwa Raya; Respondent Accused: Saktieswaran a/l Gunaseelan; Respondent Accused: Muhamad Shafiq bin Abdul Rahman
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 July 2020
Case Number
WA-62D-710-10/2019 (Mahkamah Sesyen)
Procedural Posture
Criminal Drug Offences / Close of Prosecution Consideration of Prima Facie Case (discharge)
Outcome
Both accused discharged and acquitted at close of prosecution; not called to enter defence
Legal Topics
Possession, Prima Facie Test, Chain of Custody, Burden of Proof, Discharge at Close of Prosecution, Credibility of Witnesses, Weight/identity Discrepancies
Source Language
Malay/English
Criminal Law Narcotics / Dangerous Drugs Evidence Criminal Procedure Possession Prima Facie Test Chain of Custody Burden of Proof +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 15 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Pendakwa Raya

Appellant

Saktieswaran a/l Gunaseelan

Respondent Accused

Muhamad Shafiq bin Abdul Rahman

Respondent Accused

Procedural Posture

Criminal Drug Offences / Close of Prosecution Consideration of Prima Facie Case (discharge)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused
  2. 2 Whether the accused had possession of the seized drugs
  3. 3 Whether access by third parties to the location of seizure was excluded

Ratio Decidendi

On maximum evaluation the prosecution failed to prove a prima facie case: the arresting officer's evidence was not credible or sufficiently corroborated, the site was open and accessible so access by others could not be excluded, there were material unexplained discrepancies in weights and a break in chain of custody, and those defects raised reasonable doubt — therefore both accused were discharged and not called to enter defence.

Court Disposition

Both accused discharged and acquitted at close of prosecution; not called to enter defence

Orders

  • Both accused are discharged and released; no order to call the accused to enter defence