CHONG TEIK KIM

CHONG TEIK KIM

The prosecution failed to establish a prima facie case because material gaps and unexplained inconsistencies in the chain of custody and exhibit marking created reasonable doubt as to the identity of the seized drugs, and the evidence did not prove accused's possession or knowledge; therefore accused was discharged and acquitted at the end of the prosecution case.

Citation
PA-45A-1-01/2019 (Mahkamah Tinggi)
Parties
Prosecution: PENDAKWA RAYA; Accused: CHONG TEIK KIM
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 February 2023
Case Number
PA-45A-1-01/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Drug Trafficking / End of Prosecution Case Decision to Discharge and Acquit
Outcome
Accused discharged and released; acquitted at end of prosecution case without being called to enter defence
Legal Topics
Prima Facie Threshold, Chain of Custody, Possession and Knowledge, Exhibit Marking, Chemist Evidence Admissibility, Credibility of Arresting Officers, Statutory Presumptions of Trafficking
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Prima Facie Threshold Chain of Custody Possession and Knowledge Exhibit Marking +3 more

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Parties

PENDAKWA RAYA

Prosecution

CHONG TEIK KIM

Accused

Procedural Posture

Criminal Drug Trafficking / End of Prosecution Case Decision to Discharge and Acquit

Legal Issues

  1. 1 Whether prosecution proved a prima facie case under section 39B(1)(a) Dangerous Drugs Act 1952
  2. 2 Whether chain of custody was intact from seizure to chemical analysis
  3. 3 Whether accused had custody, control and knowledge of the drugs

Ratio Decidendi

The prosecution failed to establish a prima facie case because material gaps and unexplained inconsistencies in the chain of custody and exhibit marking created reasonable doubt as to the identity of the seized drugs, and the evidence did not prove accused's possession or knowledge; therefore accused was discharged and acquitted at the end of the prosecution case.

Court Disposition

Accused discharged and released; acquitted at end of prosecution case without being called to enter defence

Orders

  • Accused discharged and released without being called to enter defence pursuant to section 180(2) and (3) Kanun Tatacara Jenayah
  • No conviction recorded