Malaysia Case Law: Decisions & Judgments

Topic

Cross-examination obligations

Legal area

Court

28 Apr 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT@FAUZI 2. ) NURUL AKILAH BINTI SALIM

Citation

CB-83D-1729-12/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83D-1729-12/2022 (Mahkamah Majistret)

Prosecution proved beyond prima facie threshold that accused 1 had control and knowledge of the seized drugs: bag worn by accused 1 contained drugs and his personal documents; chemical analysis confirmed scheduled drugs and chain of custody was not broken; accused 2 had no custody/control and was acquitted; defence claims including D37 and alleged tampering were late, unsupported, and constituted afterthoughts insufficient to raise reasonable doubt; therefore accused 1 convicted on three amended s.12(2) Dangerous Drugs Act charges (two punishable under s.39A(1)) and sentenced accordingly.
31 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI

Citation

WA-45A-39-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-39-04/2021 (Mahkamah Tinggi)

The court found the prosecution proved beyond reasonable doubt that the accused had direct possession and control of the brown envelope containing 381.4g methamphetamine, knew its nature and had power of disposal; CCTV and police evidence formed an unbroken chain of custody and justified invoking the statutory presumption of trafficking under s37(da) DDA, leading to conviction and sentence.
31 Jul 2024

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI

Citation

WA-45A-39-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-39-04/2021 (Mahkamah Tinggi)

The court found the prosecution proved beyond reasonable doubt that the accused had direct possession and knowledge of the 381.4g methamphetamine based on eyewitness testimony, CCTV, chain of custody, incriminating conduct and drugs recovered from the accused's rented apartment; the accused's new explanation was not put in cross-examination and did not raise reasonable doubt; the presumption of trafficking under s37(da) DDA was properly invoked, warranting conviction and sentence.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) MOHD SAIFUDDIN BIN MAMAT@FAUZI 2. ) NURUL AKILAH BINTI SALIM

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI

[Timbalan (TPR), Jabatan Peguam Negara] MUHAMMAD SYAFIQ BIN AHMAD SAFRI