[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB

Prosecution failed to make out a prima facie case under section 180 CPC because, while the chemical analysis and seizure evidence were credible, investigative deficiencies and omission to produce or properly investigate a material witness (Anuar) created a material lacuna in proof of possession, control and knowledge; lack of effort to secure the witness and lack of his inclusion in investigative records justified drawing an adverse inference under s114(g) Evidence Act against the prosecution; the informer’s protection under s40 did not extend to concealment of other material witnesses; accordingly there was no prima facie case and accused were acquitted without being called to enter...

Citation
CB-45-4-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused 1: ERIEYUZWAN BIN MOKHTAR; Accused 2: NORNABILA BINTI ABDUL MUTALIB
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 January 2025
Case Number
CB-45-4-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Offences / After Close of Prosecution Case (section 180 CPC Prima Facie Determination)
Outcome
Accused acquitted
Legal Topics
Prima Facie, Chain of Custody, Adverse Inference (s114(g) Evidence Act), Informers Protection (s40 Dangerous Drugs Act), Possession and Control, Search and Seizure
Source Language
Malay/English
Criminal Law Drug Offences Evidence Law Criminal Procedure Prima Facie Chain of Custody Adverse Inference (s114(g) Evidence Act) Informers Protection (s40 Dangerous Drugs Act) +2 more

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Parties

PENDAKWA RAYA

Prosecution

ERIEYUZWAN BIN MOKHTAR

Accused 1

NORNABILA BINTI ABDUL MUTALIB

Accused 2

Procedural Posture

Criminal Drug Offences / After Close of Prosecution Case (section 180 CPC Prima Facie Determination)

Legal Issues

  1. 1 Whether the prosecution made out a prima facie case under section 180 CPC
  2. 2 Whether chain of custody and identity of seized exhibits established
  3. 3 Whether accused had possession, control and knowledge of the drugs

Ratio Decidendi

Prosecution failed to make out a prima facie case under section 180 CPC because, while the chemical analysis and seizure evidence were credible, investigative deficiencies and omission to produce or properly investigate a material witness (Anuar) created a material lacuna in proof of possession, control and knowledge; lack of effort to secure the witness and lack of his inclusion in investigative records justified drawing an adverse inference under s114(g) Evidence Act against the prosecution; the informer’s protection under s40 did not extend to concealment of other material witnesses; accordingly there was no prima facie case and accused were acquitted without being called to enter...

Court Disposition

Accused acquitted

Orders

  • ERIEYUZWAN BIN MOKHTAR and NORNABILA BINTI ABDUL MUTALIB are acquitted of all charges without being called to enter their defence (per section 180 CPC).