Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof and presumptions

Legal area

Court

4 May 2020

TAN CHEN XING

Citation

PA-42LB-21-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-42LB-21-08/2019 (Mahkamah Tinggi)

Appeal allowed in part: the High Court affirmed that prosecution failed to exclude access by other users of the vehicle and failed to call material witnesses, therefore the acquittal on the Second Charge stands; however, for the First and Third Charges the court found no break in the chain of custody — PW6 and PW4 testimony and absence of chemist notation of a tear established identity of Exhibit P9A and the drugs — thus a prima facie case was proved and the trial judge's acquittal on those charges was set aside and the accused ordered to enter defence.
6 Dec 2019

PENDAKWARAYA PENDAKWARAYA 1. BALAKRISHNAN A/L JAGANATHAN 2. MOHAMAD ABBASI YOUNES 3. SEYEDMOHSEN NAMAZIKIVAJ SEYEDREZA 4. LACHEME DEWI A/P BALASUNDRAM

Citation

PA-45A-59-09/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-59-09/2017 (Mahkamah Tinggi)

The court found the prosecution proved beyond reasonable doubt that the premises were being used to manufacture methamphetamine: surveillance, smell and boiling chemicals, paraphernalia, chemist's analysis confirming 48,623 grams of methamphetamine and an unbroken chain of custody established manufacture under s39B; accused 1–3 were present, controlled the premises and their explanations were disbelieved, warranting conviction and death sentences; accused 4 lacked proven knowledge and was acquitted.