MOHD.FHADLI BIN MHD.ROSDI

MOHD.FHADLI BIN MHD.ROSDI

Because the Court of Appeal had already found a prima facie case and called the accused to defend, the trial court's task was limited to determining whether the defence raised a reasonable doubt. The prosecution's failure to preserve and produce original Exhibit P6 for inspection by the accused at defence stage materially prejudiced the accused's right to a fair trial; that prejudice established a reasonable doubt and amounted to a miscarriage of justice, warranting discharge and acquittal at the close of defence.

Citation
PA-82D-3-01/2022 (Mahkamah Majistret)
Parties
Prosecution: PENDAKWA RAYA; Accused: MOHD FHADLI BIN MHD ROSDI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 August 2025
Case Number
PA-82D-3-01/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs (section 15(1)(a) Dangerous Drugs Act 1952) / End of Defence
Outcome
Accused acquitted and discharged at the close of defence
Legal Topics
Prima Facie, Reasonable Doubt, Chain of Custody, Exhibit Handling, Miscarriage of Justice, Right to Fair Trial
Source Language
Malay/English
Criminal Law Drugs and Narcotics Evidence Procedural Law Constitutional Law Prima Facie Reasonable Doubt Chain of Custody +3 more

Case Brief

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Parties

PENDAKWA RAYA

Prosecution

MOHD FHADLI BIN MHD ROSDI

Accused

Procedural Posture

Criminal Dangerous Drugs (section 15(1)(a) Dangerous Drugs Act 1952) / End of Defence

Legal Issues

  1. 1 Whether accused's defence evidence was an afterthought
  2. 2 Whether absence of Exhibit P6 prejudiced accused's right to a fair trial
  3. 3 Whether defence evidence raised a reasonable doubt sufficient to acquit

Ratio Decidendi

Because the Court of Appeal had already found a prima facie case and called the accused to defend, the trial court's task was limited to determining whether the defence raised a reasonable doubt. The prosecution's failure to preserve and produce original Exhibit P6 for inspection by the accused at defence stage materially prejudiced the accused's right to a fair trial; that prejudice established a reasonable doubt and amounted to a miscarriage of justice, warranting discharge and acquittal at the close of defence.

Court Disposition

Accused acquitted and discharged at the close of defence

Orders

  • Accused MOHD FHADLI BIN MHD ROSDI is discharged and acquitted at the close of defence