[Jabatan Peguam Negara] KOH NGUN FOOK

[Jabatan Peguam Negara] KOH NGUN FOOK

Prosecution failed to exclude access by third parties and therefore did not prove exclusive custody or control and the accused's knowledge of the drugs; material witnesses with access were not called and forensic steps (fingerprint/dusting) were inadequate, resulting in a failure to establish a prima facie case on all charges; accused acquitted and discharged at close of prosecution case.

Citation
BA-45A-84-07/2021 (Mahkamah Tinggi)
Parties
Prosecutor: Pendakwa Raya; Accused: Koh Ngun Fook (900721-05-5399)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 July 2023
Case Number
BA-45A-84-07/2021 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / Judgment at Close of Prosecution Case (no Prima Facie; Acquitted and Discharged)
Outcome
acquitted and discharged on all charges (no prima facie case)
Legal Topics
Possession, Control and Custody, Exclusive Access, Prima Facie, Failure to Call Witness, DNA and Fingerprint Analysis
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Forensic Evidence Possession Control and Custody Exclusive Access Prima Facie +2 more

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Parties

Pendakwa Raya

Prosecutor

Koh Ngun Fook (900721-05-5399)

Accused

Procedural Posture

Criminal Drug Offences / Judgment at Close of Prosecution Case (no Prima Facie; Acquitted and Discharged)

Legal Issues

  1. 1 Whether the prosecution proved the drugs were dangerous drugs as charged
  2. 2 Whether the accused had possession (physical control) and knowledge of the drugs
  3. 3 Whether the prosecution excluded access by third parties to establish exclusive possession

Ratio Decidendi

Prosecution failed to exclude access by third parties and therefore did not prove exclusive custody or control and the accused's knowledge of the drugs; material witnesses with access were not called and forensic steps (fingerprint/dusting) were inadequate, resulting in a failure to establish a prima facie case on all charges; accused acquitted and discharged at close of prosecution case.

Court Disposition

acquitted and discharged on all charges (no prima facie case)

Orders

  • Prosecution unable to make out prima facie case; accused Koh Ngun Fook is acquitted and discharged from all charges