11 Mar 2024
BHAHIRA BIN FAKRI [Timbalan (TPR), Jabatan Peguam Negara]
- Citation
- W-05(SH)-67-03/2023 (Mahkamah Rayuan)
- Court
- SH
- Case number
- W-05(SH)-67-03/2023 (Mahkamah Rayuan)
The Court affirmed the trial judge: prosecution proved identity and chain of custody of the drugs and established possession, knowledge and common intention; failures to call the car owner or tender the car and minor documentary/weight inconsistencies were not fatal given credible direct testimony, forensic linkage and the accusedes' suspicious flight; the statutory presumption of trafficking under s37(da) was unrebutted on balance of probabilities.