26 Oct 2023
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) TAN CAR CHUN 2. ) OOI ZHE XIAN
- Citation
- CB-45A-4-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-4-09/2019 (Mahkamah Tinggi)
The prosecution failed to make out a prima facie case because it did not prove possession, control or knowledge of the drugs by the accused beyond mere presence: key witness evidence (Lim Yee Chuan) who had access and was visible on CCTV was not produced despite being identifiable, P28B was unreliable, forensic links were inconclusive, and there was insufficient evidence to infer trafficking or purposeful carrying for distribution; s114(g) adverse inference was applied against the prosecution and therefore the accused were acquitted at the close of the prosecution's case.