Malaysia Case Law: Decisions & Judgments

Topic

Acquittal without calling defence

Legal area

Court

5 Feb 2026

WAHID AIDIL BIN WAHID ANUAL

Citation

DH-83D-794-07/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DH-83D-794-07/2024 (Mahkamah Majistret)

Prosecution failed to prove a prima facie case because material discrepancies in the number of tablets (and related photographic evidence) together with an unexplained gap in the chain of custody between storage registration and delivery to the chemist raised reasonable doubt as to the identity of the analysed exhibit; therefore it was unsafe to call the accused to enter his defence and he was discharged and acquitted without being called to defend.
24 Mar 2025

1. ) MOHAMAD FARIZAL BIN KHAIRUDDIN 2. ) MOHD NASIR BIN MAT SAH 3. ) MOHD KHAIRUL AZLIN BIN RAZALI

Citation

CB-83D-1826-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1826-12/2022 (Mahkamah Majistret)

The prosecution failed to exclude the reasonable possibility that persons other than the three accused had access to the seized drugs because the raid location (an open, publicly accessible veranda) was not observed prior to entry and the sole witness could not fix positions or exclude other individuals; therefore no prima facie case was established and the accused were acquitted without being called to defend themselves.
28 May 2024

LAI CHEE KEONG

Citation

NC-83-85-12/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NC-83-85-12/2021 (Mahkamah Majistret)

The prosecution failed to prove the essential elements of the offence and to establish a prima facie case because ownership/control and knowledge of the seized goods were not shown and there were material defects and inconsistencies in the identification and chain of custody of the exhibits; accordingly the accused was discharged and acquitted without being called to enter defence.
21 Jan 2020

Yang Xinghua

Citation

B-05(LB)-94-02/2018 (Mahkamah Rayuan)
Court

LB
Case number

B-05(LB)-94-02/2018 (Mahkamah Rayuan)

The unexplained 43.44 gram discrepancy between independent weighings combined with evidence of multiple puncture holes on the package created reasonable doubt about the identity and weight of the seized methamphetamine; consequently the prosecution failed to prove the essential element of weight beyond reasonable doubt and the respondent was properly discharged and acquitted without calling defence.

Malaysia Case Law

WAHID AIDIL BIN WAHID ANUAL

1. ) MOHAMAD FARIZAL BIN KHAIRUDDIN 2. ) MOHD NASIR BIN MAT SAH 3. ) MOHD KHAIRUL AZLIN BIN RAZALI

LAI CHEE KEONG

Yang Xinghua