3 Sept 2024
DANIEL EE
- Citation
- BA-45A-55-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-55-03/2022 (Mahkamah Tinggi)
The prosecution failed to establish possession and knowledge beyond a prima facie standard: it did not exclude access by third parties to the garage where the large quantity of methamphetamine was found; there was material conflict in prosecution evidence as to whether the accused's personal effects (wallet/ID) were found with the drugs; and the arresting officer did not administer the statutory caution under s37B DDA which was fatal to reliance on the accused's admission. Consequently the prosecution did not make out a prima facie case on possession and trafficking.