PENDAKWARAYA TUAN MOHD WAFFY BIN ISMAIL MUHAMED KHAIRUL AKMAR BIN MOHAMED SHAHID

PENDAKWARAYA TUAN MOHD WAFFY BIN ISMAIL MUHAMED KHAIRUL AKMAR BIN MOHAMED SHAHID

The court found that defence evidence and supporting affidavit created a credible and coherent account that a body search at the mosque did not reveal the drug and that there was an unexplained interval before a police station search where the packet appeared; this broke the chain of identity and rebutted the statutory presumption on balance of probabilities, creating reasonable doubt such that the prosecution failed to prove guilt beyond reasonable doubt, entitling the accused to be acquitted at the end of his defence.

Citation
AA-82D-7-06/2018 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Muhamed Khairul Akmar bin Mohamed Shahid
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
28 November 2019
Case Number
AA-82D-7-06/2018 (Mahkamah Majistret)
Procedural Posture
Criminal (dangerous Drugs) / Trial End of Defence (acquittal)
Outcome
Accused acquitted and discharged at end of defence
Legal Topics
Possession, Statutory Presumption S37(d), Chain of Custody, Body Search Procedure, Reasonable Doubt, Burden of Proof
Source Language
Malay/English
Criminal Law Drugs Law Evidence Law Possession Statutory Presumption S37(d) Chain of Custody Body Search Procedure Reasonable Doubt +1 more

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Parties

Pendakwa Raya

Prosecution

Muhamed Khairul Akmar bin Mohamed Shahid

Accused

Procedural Posture

Criminal (dangerous Drugs) / Trial End of Defence (acquittal)

Legal Issues

  1. 1 Whether the accused had possession of the dangerous drug
  2. 2 Whether the statutory presumption under s37(d) ADB 1952 applied and if it was rebutted
  3. 3 Whether the chain of custody was intact

Ratio Decidendi

The court found that defence evidence and supporting affidavit created a credible and coherent account that a body search at the mosque did not reveal the drug and that there was an unexplained interval before a police station search where the packet appeared; this broke the chain of identity and rebutted the statutory presumption on balance of probabilities, creating reasonable doubt such that the prosecution failed to prove guilt beyond reasonable doubt, entitling the accused to be acquitted at the end of his defence.

Court Disposition

Accused acquitted and discharged at end of defence

Orders

  • Accused Muhamed Khairul Akmar bin Mohamed Shahid is acquitted and discharged