Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of mobile phone evidence
  • 14 Nov 2025

    NGOOI ESING

    Citation
    BA-45-10-01/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45-10-01/2022 (Mahkamah Tinggi)

    The prosecution failed to establish a prima facie case because critical elements were not proved: exclusive possession/control and knowledge were not established for the seized parcels and items; key identification evidence (acupakai) was inadmissible or unreliable due to failure to give required warnings and lack of contemporaneous records; mobile phone/waybill linkage lacked provenance and chain of custody; alternative explanations (Ivan Lee = Chong Je Long, access by others) created reasonable doubt — therefore accused acquitted without being called to enter defence.