SAZWAN BIN HUSIN

SAZWAN BIN HUSIN

The court acquitted because the defence raised reasonable doubt: prosecution failed to investigate or rebut the defence allegation of an alternative individual/vehicle, there were material inconsistencies in prosecution evidence about the arrest, and unexplained scene evidence supported the defence version, so the...

Source-derived case information.

Citation
TE-83D-157-03/2022 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Defendant: Sazwan bin Husin
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
8 September 2025
Case Number
TE-83D-157-03/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Magistrates' Court Trial – Judgment (acquittal)
Outcome
Acquitted and discharged
Legal Topics
Possession of Controlled Drug (methamphetamine), Burden of Proof and Reasonable Doubt, Chain of Custody, Adverse Inference for Failure to Call Witness (s114(g) Evidence Act), Credibility of Police Witnesses, Silent Evidence (scene Marks)
Criminal Law Narcotics/drug Offences Evidence Law Procedure Possession of Controlled Drug (methamphetamine) Burden of Proof and Reasonable Doubt Chain of Custody Adverse Inference for Failure to Call Witness (s114(g) Evidence Act) +2 more

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Summary, issues, holding and outcome

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Parties

Pendakwa Raya

Prosecution

Sazwan bin Husin

Defendant

Procedural Posture

Criminal Drug Offence / Magistrates' Court Trial – Judgment (acquittal)

Legal Issues

  1. 1 Whether the prosecution proved possession of methamphetamine beyond reasonable doubt
  2. 2 Whether prosecution failed to investigate or call an alleged third party (Amirul Syafiq) and vehicle (Mitsubishi Triton) raising adverse inference
  3. 3 Whether inconsistencies in prosecution witnesses and unexplained scene evidence (tire marks, dirt on exhaust) created reasonable doubt

Ratio Decidendi

The court acquitted because the defence raised reasonable doubt: prosecution failed to investigate or rebut the defence allegation of an alternative individual/vehicle, there were material inconsistencies in prosecution evidence about the arrest, and unexplained scene evidence supported the defence version, so the prosecution did not prove guilt beyond reasonable doubt.

Court Disposition

Acquitted and discharged

Orders

  • Tertuduh dilepaskan dan dibebaskan daripada pertuduhan.
  • Case record notes prosecution intention to file an appeal.