1. ) TAN SYE 2. ) WONG KAI MENG

1. ) TAN SYE 2. ) WONG KAI MENG

Court accepted chemical analysis proving identity and weights of seized substances but on maximum evaluation of prosecution evidence found prosecution failed to prove prima facie case against Tan Sye for possession/trafficking because evidence did not establish her knowledge or control; the cautioned statement and contemporaneous conduct supported defence. For Wong Kai Meng court found custody/control sufficient to invoke presumption under s37(d) but not sufficient to invoke s37(da) for trafficking; court amended the trafficking charge to possession under section 6/39A(2) ADB1952 and called him to defend; CCTV screenshot (IDD55) not admitted at this stage for lack of authentication.

Citation
BA-45A-69-07/2024 (Mahkamah Tinggi)
Parties
Prosecution: Public Prosecutor; Defendant: Tan Sye; Defendant: Wong Kai Meng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 March 2026
Case Number
BA-45A-69-07/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Trial / After Close of Prosecution Case Decision on Prima Facie and Amendment of Charge
Outcome
Tan Sye discharged and freed from all charges at close of prosecution case; Wong Kai Meng found to have prima facie case on amended possession charge and called to defence; admissibility of CCTV screenshot refused at this stage; trial proceedings adjourned pending prosecution appeal.
Legal Topics
Possession, Trafficking, Presumption of Knowledge, Admissibility of Electronic Evidence, Cautioned Statements (alcontara)
Source Language
Malay/English
Criminal Law Narcotics Law Evidence Law Possession Trafficking Presumption of Knowledge Admissibility of Electronic Evidence Cautioned Statements (alcontara)

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Parties

Public Prosecutor

Prosecution

Tan Sye

Defendant

Wong Kai Meng

Defendant

Procedural Posture

Criminal Trial / After Close of Prosecution Case Decision on Prima Facie and Amendment of Charge

Legal Issues

  1. 1 Whether identity of seized substances was proved
  2. 2 Whether seized drugs were in the possession of each accused
  3. 3 Whether prosecution proved joint intent to traffic under section 34 and s37(da) ADB1952

Ratio Decidendi

Court accepted chemical analysis proving identity and weights of seized substances but on maximum evaluation of prosecution evidence found prosecution failed to prove prima facie case against Tan Sye for possession/trafficking because evidence did not establish her knowledge or control; the cautioned statement and contemporaneous conduct supported defence. For Wong Kai Meng court found custody/control sufficient to invoke presumption under s37(d) but not sufficient to invoke s37(da) for trafficking; court amended the trafficking charge to possession under section 6/39A(2) ADB1952 and called him to defend; CCTV screenshot (IDD55) not admitted at this stage for lack of authentication.

Court Disposition

Tan Sye discharged and freed from all charges at close of prosecution case; Wong Kai Meng found to have prima facie case on amended possession charge and called to defence; admissibility of CCTV screenshot refused at this stage; trial proceedings adjourned pending prosecution appeal.

Orders

  • Tan Sye discharged and released from all charges
  • Charge against Wong Kai Meng amended under section 167 CPC to possession (as framed in judgment) and Wong Kai Meng called to defend on the amended charge on 30/04/2026