PENDAKWARAYA PUBLIC PROSECUTOR THIYAKAMURTHI A/L PONNUSAMY

PENDAKWARAYA PUBLIC PROSECUTOR THIYAKAMURTHI A/L PONNUSAMY

Material and unexplained contradictions among prosecution witnesses about the urine specimen collection and the absence of an identifying 'K' mark on photographic exhibits undermined identity and chain of custody of the specimen; therefore the prosecution failed to make out a prima facie case and the accused was acquitted and discharged at the close of the prosecution case.

Citation
BK – 62D – 22 – 07/2018 (Mahkamah Sesyen)
Parties
Prosecution: Public Prosecutor; Accused: Thiyakamurthi a/l Ponnusamy
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 May 2021
Case Number
BK – 62D – 22 – 07/2018 (Mahkamah Sesyen)
Procedural Posture
Criminal Dangerous Drugs Act Offence (self Administration) / End of Prosecution Case Accused Acquitted and Discharged (no Call to Defence)
Outcome
Accused acquitted and discharged at the end of the prosecution case
Legal Topics
Self Administration of Drugs (s.15 Dda), Enhanced Penalty (s.39 C Dda), Prima Facie Test (s.180 Cpc), Chain of Custody, Identity of Exhibit, Presumptions Under S.37(k) DDA, Procedural Compliance S.31 a DDA
Source Language
Malay/English
Criminal Law Drug Offences Evidence and Procedure Self Administration of Drugs (s.15 Dda) Enhanced Penalty (s.39 C Dda) Prima Facie Test (s.180 Cpc) Chain of Custody Identity of Exhibit +2 more

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Parties

Public Prosecutor

Prosecution

Thiyakamurthi a/l Ponnusamy

Accused

Procedural Posture

Criminal Dangerous Drugs Act Offence (self Administration) / End of Prosecution Case Accused Acquitted and Discharged (no Call to Defence)

Legal Issues

  1. 1 Whether prosecution established a prima facie case under s.180 CPC
  2. 2 Whether the accused deposited the urine specimen in the presence of police
  3. 3 Whether material contradictions in prosecution evidence undermine credibility

Ratio Decidendi

Material and unexplained contradictions among prosecution witnesses about the urine specimen collection and the absence of an identifying 'K' mark on photographic exhibits undermined identity and chain of custody of the specimen; therefore the prosecution failed to make out a prima facie case and the accused was acquitted and discharged at the close of the prosecution case.

Court Disposition

Accused acquitted and discharged at the end of the prosecution case

Orders

  • Accused acquitted and discharged
  • No call upon accused to enter defence (case dismissed at close of prosecution case)