CHU WEE KONG

CHU WEE KONG

The appeal is dismissed because the appellate court found the trial judge correctly evaluated the evidence, accepted SP3 as a credible single witness, and correctly applied the presumption of possession and knowledge under section 37(d) ADB; additional raids were separate and did not create a reasonable doubt about the prosecution's case that drugs were seized from the appellant at the scene; delays and incomplete CCTV did not render prosecution evidence unreliable.

Citation
B-05(SH)-369-07/2024 (Mahkamah Rayuan)
Parties
Appellant/perayu: Chu Wee Kong; Respondent: Pendakwa Raya
Court
SH
Jurisdiction
Malaysia
Judgment Date
6 January 2026
Case Number
B-05(SH)-369-07/2024 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal (drug Offences) / Determination of Appeal / Judgment
Outcome
Appeal dismissed; convictions and sentences affirmed.
Legal Topics
Possession, Trafficking, Presumption of Possession and Knowledge (s37(d) Adb), Search and Seizure, Credibility of Police Witnesses, Delay in Police Reporting, CCTV Evidence, Same Transaction Doctrine
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Procedural Law Possession Trafficking Presumption of Possession and Knowledge (s37(d) Adb) Search and Seizure +4 more

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Parties

Chu Wee Kong

Appellant/perayu

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal (drug Offences) / Determination of Appeal / Judgment

Legal Issues

  1. 1 Whether prosecution proved possession and trafficking of methamphetamine beyond reasonable doubt
  2. 2 Whether presumption under section 37(d) ADB validly applied
  3. 3 Credibility of the police witness (SP3) and effect of alleged police misconduct/extortion demand

Ratio Decidendi

The appeal is dismissed because the appellate court found the trial judge correctly evaluated the evidence, accepted SP3 as a credible single witness, and correctly applied the presumption of possession and knowledge under section 37(d) ADB; additional raids were separate and did not create a reasonable doubt about the prosecution's case that drugs were seized from the appellant at the scene; delays and incomplete CCTV did not render prosecution evidence unreliable.

Court Disposition

Appeal dismissed; convictions and sentences affirmed.

Orders

  • Dismiss the appeal.
  • Affirm conviction on Charge 1 under section 39B(1)(a) ADB and sentence of life imprisonment and 12 strokes as sentenced by the High Court.