Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of chemist report (s399 cpc)

Legal area

Court

13 Mar 2025

[Timbalan (TPR), Jabatan Peguam Negara] AMAECHI OMEAKU

Citation

WA-45A-37-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-37-03/2022 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case of drug trafficking because it did not prove mens rea: the accused raised a consistent innocent‑carrier defence tied to an identifiable third party (Sani Abacha) which investigators did not adequately investigate (ownership of vehicle, phone contents, third‑party testimony); although chemist report proved identity and weight of drugs, it did not supply culpability, therefore accused was properly acquitted and discharged of the trafficking charges at close of prosecution case.
23 Jun 2022

MUHAMMAD ZAMANSARRY BIN ZAMRI

Citation

AA-62D-59-03/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-62D-59-03/2020 (Mahkamah Sesyen)

Prosecution failed to establish a prima facie case under s39C(1) ADB 1952 because key elements were unproven: contradictions between prosecution witnesses on the sample's condition and handling created reasonable doubt about identity and chain of custody; material discrepancies in signatures raised doubt whether the pathology report had been served on the accused; and the prosecution did not call the chemist or comply with s399 CPC, so the pathology report could not safely be relied upon. Therefore the accused was properly discharged and acquitted.