NG SING HUAT

NG SING HUAT

The court found prosecution proved all elements of s.68(1)(b) Akta 716 by maximum evaluation: (a) the tiger skin (Panthera tigris) was found in the accused's unit and properly identified by certified expert; (b) accused was a resident/occupant with control/access as evidenced by keys, utility documents and witness testimony, triggering the statutory presumption of possession under s.58; (c) no special permit existed; (d) defence evidence was bare denial and failed to rebut the presumption on the balance of probabilities or call material witnesses, permitting adverse inference under s.114(g) Evidence Act. Therefore guilty beyond reasonable doubt.

Citation
WA-62ES-1-03/2024 (Mahkamah Sesyen)
Parties
Accused: Ng Sing Huat; Prosecution: Pendakwa Raya
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
5 February 2026
Case Number
WA-62ES-1-03/2024 (Mahkamah Sesyen)
Procedural Posture
Criminal / Trial Conviction and Sentencing (sentence Imposed; Appeal Filed)
Outcome
accused convicted and sentenced
Legal Topics
Possession of Protected Species, Prima Facie Test, Statutory Presumptions, Expert Evidence (dna), Chain of Custody, Search and Seizure, Sentencing
Source Language
Malay/English
Criminal Law Wildlife Conservation Law Evidence Law Administrative/regulatory Law Possession of Protected Species Prima Facie Test Statutory Presumptions Expert Evidence (dna) +3 more

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Parties

Ng Sing Huat

Accused

Pendakwa Raya

Prosecution

Procedural Posture

Criminal / Trial Conviction and Sentencing (sentence Imposed; Appeal Filed)

Legal Issues

  1. 1 Whether the accused stored a part of a totally protected tiger without a special permit
  2. 2 Whether the prosecution established a prima facie case under s.180 CPC (KTJ)
  3. 3 Whether statutory presumption of possession under s.58 Akta 716 applies

Ratio Decidendi

The court found prosecution proved all elements of s.68(1)(b) Akta 716 by maximum evaluation: (a) the tiger skin (Panthera tigris) was found in the accused's unit and properly identified by certified expert; (b) accused was a resident/occupant with control/access as evidenced by keys, utility documents and witness testimony, triggering the statutory presumption of possession under s.58; (c) no special permit existed; (d) defence evidence was bare denial and failed to rebut the presumption on the balance of probabilities or call material witnesses, permitting adverse inference under s.114(g) Evidence Act. Therefore guilty beyond reasonable doubt.

Court Disposition

accused convicted and sentenced

Orders

  • Accused convicted under s.68(1)(b) Akta 716
  • Sentence: fine of RM300000.00 and imprisonment for 24 months, term to run from date of sentence (5 February 2026)