1. ) SAIFUL BAHRI BIN MUSTOFA 2. ) AHMAD AFFENDI BIN ADBUL YUSOF 3. ) LUM MAN LIONG

1. ) SAIFUL BAHRI BIN MUSTOFA 2. ) AHMAD AFFENDI BIN ADBUL YUSOF 3. ) LUM MAN LIONG

The court convicted the third accused because credible eyewitness police testimony established he transported, removed and carried two bags from the boot of his car containing large quantities of methamphetamine and ketamine, establishing physical possession and knowledge (including wilful blindness) and acts amounting to trafficking; co-accused lacked evidence of possession or common intention and were acquitted. Absence of forensic traces did not defeat credible direct evidence. Given age, family circumstances and first offender status, death sentence was not imposed and life imprisonment ordered.

Citation
BA-45A-44-03/2022 (Mahkamah Tinggi)
Parties
Prosecution: Pendakwa Raya; Defendant: Saiful Bahri bin Mustofa; Defendant: Ahmad Affendi bin Abdul Yusof; Defendant: Lum Mun Liong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2025
Case Number
BA-45A-44-03/2022 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / Trial and Sentencing
Outcome
Third defendant (Lum Mun Liong) convicted on both counts and sentenced to life imprisonment; first and second defendants (Saiful Bahri bin Mustofa and Ahmad Affendi bin Abdul Yusof) acquitted and discharged at end of prosecution.
Legal Topics
Trafficking, Possession, Wilful Blindness, Prima Facie Case, Sentencing
Source Language
Malay/English
Criminal Law Drug Offences Evidence Trafficking Possession Wilful Blindness Prima Facie Case Sentencing

Case Brief

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Parties

Pendakwa Raya

Prosecution

Saiful Bahri bin Mustofa

Defendant

Ahmad Affendi bin Abdul Yusof

Defendant

Lum Mun Liong

Defendant

Procedural Posture

Criminal Trial / Trial and Sentencing

Legal Issues

  1. 1 Whether prosecution proved prima facie case against the accused
  2. 2 Whether the accused had possession and knowledge of the drugs
  3. 3 Whether the acts constituted trafficking under the Dangerous Drugs Act

Ratio Decidendi

The court convicted the third accused because credible eyewitness police testimony established he transported, removed and carried two bags from the boot of his car containing large quantities of methamphetamine and ketamine, establishing physical possession and knowledge (including wilful blindness) and acts amounting to trafficking; co-accused lacked evidence of possession or common intention and were acquitted. Absence of forensic traces did not defeat credible direct evidence. Given age, family circumstances and first offender status, death sentence was not imposed and life imprisonment ordered.

Court Disposition

Third defendant (Lum Mun Liong) convicted on both counts and sentenced to life imprisonment; first and second defendants (Saiful Bahri bin Mustofa and Ahmad Affendi bin Abdul Yusof) acquitted and discharged at end of prosecution.

Orders

  • BA-45A-44-03/2022: Life imprisonment from date of arrest for trafficking methamphetamine (count amended, s34 removed)
  • BA-45A-45-03/2022: Life imprisonment from date of arrest for trafficking ketamine