29 Jul 2024
1. ) FERI WAHAB 2. ) RIKI HASBALAH
- Citation
- KA-45A-10-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-45A-10-03/2021 (Mahkamah Tinggi)
Although there was admissible evidence tending to prove possession and knowledge (visual observation of packages thrown, accused alone on boat, and conduct), the prosecution failed to establish the precise arrest coordinates pleaded because it did not produce the GPS image and the 'Peta Lokasi Tangkapan' that it admitted existed; that failure, together with reasonable doubt arising from timing/distance arguments, warranted invocation of s114(g) and resulted in no prima facie case on the jurisdictional element — therefore the accused were discharged without being called to plead.