Malaysia Case Law: Decisions & Judgments

Topic

Expert chemist evidence

Legal area

Court

19 Dec 2025

1. ) IZHAR BIN ABD SAMAD 2. ) OMAR BIN YAHYA

Citation

JA-45A-86-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-86-04/2022 (Mahkamah Tinggi)

Court convicted both accused because chemist report established identity and weights, chain of custody was continuous, drugs were found in open bag before both accused and in a bag carried by accused 2 supporting possession and knowledge, statutory presumption under s37(da) applied due to weight thresholds, and facts supported a shared common intention under s34; defence was uncorroborated afterthought and failed to raise reasonable doubt.
20 Mar 2025

Salim Sabeer [ ]

Citation

N-05(M)-108-03/2023 (Mahkamah Rayuan)
Court

M
Case number

N-05(M)-108-03/2023 (Mahkamah Rayuan)

The Court upheld convictions because the prosecution proved possession and trafficking through unchallenged chemist evidence, DNA linking appellants to the premises, recovery of identification and other items establishing custody and control, and the open storage of drugs; photographs were admissible secondary evidence after originals were deleted; non-production of other witnesses did not amount to suppression or create reasonable doubt; accordingly convictions were safe though mandatory death sentences were substituted pursuant to Act 846 with long concurrent imprisonments and whipping.
24 Jan 2024

CHEW LENG SOON

Citation

JA-45A-82-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-82-12/2021 (Mahkamah Tinggi)

The court found prosecution proved beyond reasonable doubt that the accused had custody, control and knowledge of the seized drugs (direct observation, keys and access, physical contact with a package matching drugs in locked room, unbroken chain of custody and chemist's report); statutory presumption under s.37(da) ADB applied given quantities and the accused failed to rebut it on the balance of probabilities; accordingly conviction for trafficking and possession upheld.
6 Jun 2023

HASSAN BIN RAJEI

Citation

JA-62D-301-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62D-301-05/2021 (Mahkamah Sesyen)

The prosecution failed to establish a prima facie case because material contradictions and gaps undermined proof of possession and knowledge: the sling bag containing the drugs was not properly exhibited or recorded, photographic evidence was unidentified and inconsistent between officers, and the absence of investigation records or testimony (investigation officer deceased) left chain of custody and credibility in doubt; therefore reasonable doubt existed and the accused was acquitted at the close of the prosecution's case.

Malaysia Case Law

1. ) IZHAR BIN ABD SAMAD 2. ) OMAR BIN YAHYA

Salim Sabeer [ ]

CHEW LENG SOON

HASSAN BIN RAJEI