Malaysia Case Law: Decisions & Judgments

Topic

Expert evidence (chemist)

Legal area

Court

25 Feb 2025

SUNG CHEAH SEANG

Citation

KA-45A-45-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

KA-45A-45-08/2022 (Mahkamah Tinggi)

Prosecution established identity of drugs and unbroken chain of custody through credible chemist evidence; accused was sole occupant with drugs found within immediate reach creating exclusive possession and knowledge; calibration certificate absence was not fatal given chemist's credible testimony and statutory presumption of regularity; statutory presumption of trafficking applied due to weight, shifting burden to accused who failed to rebut on balance of probabilities — conviction and sentencing follow.
7 Oct 2020

PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

Citation

BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-135-12/2017, BA-45-2-02/2018 & BA-45-3-02/2018 (Mahkamah Tinggi)

Maximum evaluation of prosecution evidence showed material discrepancies and gaps: critical witness evidence (SP7/SP8) was inconsistent on discovery sequence and actions; keys were found on table and not tied conclusively to accused; brown bag was handed over at officer's instruction undermining accused's knowledge/custody; food container was likely closed and no evidence of common intention; prosecution failed to call or justify calling relevant witnesses (eg. Anas/Nasrul) and did not rebut defence inferences. On that basis prima facie case was not made out for any charge and accused were ac…
31 Oct 2019

PENDAKWARAYA Pendakwaraya 1. ) 1) Zawani binti Zulkifli 2. ) 2) Nur Zahirah bt Yusoff

Citation

PA-45A-67-10/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-45A-67-10/2017 (Mahkamah Tinggi)

The court convicted both accused because the prosecution proved possession and trafficking beyond reasonable doubt by combining tenancy and agent identification, possession of keys/access card and leading police to the premise, chemist's reliable analysis establishing the nature and weight of the drugs, and DNA linking an accused to the premises; defence denials were rejected as insufficient to create reasonable doubt; both were convicted under Section 39B(2) read with Section 34 and sentenced to death.

Malaysia Case Law

SUNG CHEAH SEANG

PENDAKWARAYA Pejabat Timbalan Selangor MUHAMMAD RADZI BIN MOHD SHAARI, NUR SYAZANA ZAWANI BINTI MOHD MOHTAR, MUHAMMAD RADZI BIN MOHD SHAARI & NUR SYAZANA ZAWANI BINTI MOHD MOHTAR

PENDAKWARAYA Pendakwaraya 1. ) 1) Zawani binti Zulkifli 2. ) 2) Nur Zahirah bt Yusoff