27 Aug 2020
PENDAKWARAYA Timbalan Pendakwaraya, Jabatan Peguam Negara Mohd Azrul Aswad bin Mohd Shariff
- Citation
- WA-45A-6-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-6-01/2019 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case because the only direct link between accused and the seized drugs was the accused's gesture toward a bag; there was no additional evidence of custody or knowledge and the prosecution's failure to call the co-occupant Mohd Firdaus, a material witness, warranted application of the adverse inference under s114(g), leaving insufficient evidence to commit the accused, therefore the accused is discharged and acquitted.