Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Fingerprint/dna evidentiary issues
  • 26 Jun 2024

    AHMAD SYAHIERAN BIN ABU BAKAR

    Citation
    TB-83D-31-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TB-83D-31-01/2021 (Mahkamah Majistret)

    The prosecution proved chain of custody, identity and weight of the drug (21.21g methamphetamine) through credible police and chemist evidence; eyewitness testimony established the packet was found in the accused's shorts that he was wearing and his flight on seeing police supported knowledge; absence of DNA/fingerprint and exclusion of acupakai photos did not create reasonable doubt. Alleged conflict of interest and late WhatsApp evidence did not materially prejudice trial and did not warrant DNAA or retrial. Accordingly the accused was convicted under s12(2) read with s39A(1) DDA 1952 and s…