Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Inference of knowledge (s.8 evidence act)

Legal area

Court

14 Nov 2025

NGOOI ESING

Citation

BA-45A-107-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-107-11/2023 (Mahkamah Tinggi)

The prosecution failed to make out a prima facie case under s.180 CPC because of material evidential deficiencies: breaks and unexplained aspects in chain of custody, unreliable/corroborated phone evidence, failure to give required warning before identification (acupakai) rendering that identification inadmissible, unresolved identity contradictions (Ivan Lee v Chong Je Long), and absence of proof of exclusive possession/knowledge — accordingly accused acquitted and discharged.
14 Nov 2025

NGOOI ESING

Citation

BA-45-40-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45-40-04/2022 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case: material gaps existed on possession, exclusive control and knowledge of the drugs; key evidence was unreliable or inadmissible (clothing identification rejected for lack of warning; mobile phone linkage and chain of custody were questionable; ARAMEX parcels had been accessed by third parties). Those defects cumulatively negate a prima facie case and require acquittal without calling accused to enter defence.