27 Jun 2024
MUHAMMAD ZAKIMI BIN MOHD ZAKI
- Citation
- DE-82D-8-12/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DE-82D-8-12/2022 (Mahkamah Majistret)
Although the prosecution proved that the seized substances were scheduled poisons, it failed to prove prima facie that the accused had control or possession of those items. The investigating officers' evidence was inconsistent and not credible, the seized items were found in open accessible places usable by others, and material witnesses (co-accused/witness and accused's mother) were not called creating a legitimate adverse inference. On maximum evaluation of the prosecution case, no prima facie case existed; therefore the accused was properly discharged without being called to enter his defe…