[ ] MOHD KHUZAIMI BIN AHMAD

[ ] MOHD KHUZAIMI BIN AHMAD

On maximum evaluation the prosecution failed to establish a prima facie case: identity and weight were proven by the chemist but core elements of possession and knowledge were not proved beyond reasonable doubt because of real and material doubt whether the drugs were found on the bedroom cabinet or outside at the back of the house, unchallenged credible evidence of the accused’s wife denying such presence, failure to call corroborating officers and to investigate the accused's Alcontara/cautioned statement; therefore presumption of trafficking under s37(da) did not arise and accused must be discharged and acquitted.

Citation
JB-45A-8-12/2020 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: Mohd Khuzaimi bin Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 October 2024
Case Number
JB-45A-8-12/2020 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial Drug Trafficking / Post Prosecution; Decision on Prima Facie Case / Judgment
Outcome
Accused discharged and acquitted of the charge
Legal Topics
Possession, Trafficking, Forensic Analysis, Alcontara Notice, Prima Facie Review, Expert Testimony, Chain of Custody
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Possession Trafficking Forensic Analysis Alcontara Notice Prima Facie Review +2 more

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Parties

PENDAKWA RAYA

Prosecution

Mohd Khuzaimi bin Ahmad

Accused

Procedural Posture

Criminal Trial Drug Trafficking / Post Prosecution; Decision on Prima Facie Case / Judgment

Legal Issues

  1. 1 Identity and weight of the seized substance
  2. 2 Whether the accused had custody and control (possession) of the drugs
  3. 3 Whether the accused had knowledge of the drugs

Ratio Decidendi

On maximum evaluation the prosecution failed to establish a prima facie case: identity and weight were proven by the chemist but core elements of possession and knowledge were not proved beyond reasonable doubt because of real and material doubt whether the drugs were found on the bedroom cabinet or outside at the back of the house, unchallenged credible evidence of the accused’s wife denying such presence, failure to call corroborating officers and to investigate the accused's Alcontara/cautioned statement; therefore presumption of trafficking under s37(da) did not arise and accused must be discharged and acquitted.

Court Disposition

Accused discharged and acquitted of the charge

Orders

  • Accused discharged and acquitted of the charge under Section 39B(1)(a) Dangerous Drugs Act 1952; not called to enter defence