Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof shift

Legal area

Court

21 Aug 2025

GEOFFERY EZEOBI

Citation

WA-45A-44-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-44-04/2021 (Mahkamah Tinggi)

Court found prosecution proved mens rea possession of 375.8g meth beyond reasonable doubt, invoked statutory presumption of trafficking, held defence failed to rebut the presumption on balance of probabilities; wilful blindness and compelling circumstantial evidence (false identities, communications with Hong Kong contact, high postage, concealment) established knowledge and intent to traffic, thus convicting the accused under s39B(1)(a) DDA and sentencing under s39B(2).
29 Apr 2025

SUHAILI BIN ABDUL RAHMAN MARA CORPORATION SDN. BHD.

Citation

WA-11BNCvC-4-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-11BNCvC-4-01/2025 (Mahkamah Tinggi)

The High Court affirmed the magistrate: the plaintiff discharged the initial burden to show personal use of the corporate card; the burden then shifted to the appellant who failed to justify the expenses or produce receipts; the appellant breached fiduciary duties; unjust enrichment could not be relied upon because it was not pleaded; the plaintiff was entitled to recover the excess unpaid sum after salary set‑offs and the appellant's counterclaim was dismissed; costs of RM5,000 awarded to the respondent.