Malaysia Case Law: Decisions & Judgments

Topic

Control and custody

Legal area

Court

12 Dec 2024

[Timbalan (TPR), Jabatan Peguam Negara] MOHAMAD KHAIRUL HAZWAN BIN MOHD BAKRI

Citation

CB-83D-1786-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1786-12/2022 (Mahkamah Majistret)

The court found the defence raised a plausible alternative explanation that P8 belonged to SD3 and P9 to a third party (Lat), creating reasonable doubt as to the accused's custody and control of the drug; prosecution failed to prove guilt beyond reasonable doubt and the accused was acquitted and discharged.
11 Sept 2024

1. ) YAGAMBARAM CHETTIAR A/L KAPOORAM 2. ) MUTHUBAL LATHA 3. ) LOGESWARAN A/L YAGAMBARAM CHETTIAR

Citation

AA-45A-7-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

AA-45A-7-09/2020 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case on maximum evaluation because it did not prove exclusive possession or control, knowledge of the drugs by the accused, or joint intent under s.34; investigative contradictions and failure to exclude other persons with access (uninvestigated vehicles, unrecorded witnesses, inconsistent seizure evidence) rendered the statutory presumptions rebutted or insufficient to warrant calling the accused to enter defence. Therefore accused discharged and acquitted at close of prosecution.
6 Jul 2023

[Jabatan Peguam Negara] KOH NGUN FOOK

Citation

BA-45A-84-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-84-07/2021 (Mahkamah Tinggi)

Prosecution failed to exclude access by third parties and therefore did not prove exclusive custody or control and the accused's knowledge of the drugs; material witnesses with access were not called and forensic steps (fingerprint/dusting) were inadequate, resulting in a failure to establish a prima facie case on all charges; accused acquitted and discharged at close of prosecution case.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] MOHAMAD KHAIRUL HAZWAN BIN MOHD BAKRI

1. ) YAGAMBARAM CHETTIAR A/L KAPOORAM 2. ) MUTHUBAL LATHA 3. ) LOGESWARAN A/L YAGAMBARAM CHETTIAR

[Jabatan Peguam Negara] KOH NGUN FOOK