27 Dec 2022
1. ) LIEVON A/L CHING 2. ) NITTHIRA RATTHANAPHAN A/P PERAT JUN
- Citation
- AQ-83-71-06/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AQ-83-71-06/2021 (Mahkamah Majistret)
Prosecution failed to establish a prima facie case because evidence indicated seized liquor was brewed and packed locally (not imported) so the crucial element that goods were prohibited imports was not established; the charge was also defective and ambiguous by alleging subahat without specifying which mode under abetment provisions, causing prejudice to accused. The burden which may have shifted under s119 was effectively discharged by prosecution's own evidence. Consequently it was unsafe to call accused to defend and they were discharged without being called to enter defence.