Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Informers/agent provocateur

  • 4 Sept 2024

    MUHAMMAD NUR SYAFIQ MOHD ZANI

    Citation
    KA-45A-7-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45A-7-02/2022 (Mahkamah Tinggi)

    The prosecution failed to prove prima facie that P29 and the drugs therein were in the accused's possession because police evidence relied materially on an unnamed source/informer whose role was essential to identifying the accused and location; prosecution's failure to call or offer the informer, combined with material inconsistencies and lack of basic investigation, created a reasonable doubt and defeated the presumptions relied upon under s37(d) DDA, warranting discharge and acquittal at the end of the prosecution case.

  • 4 Sept 2024

    MUHAMMAD NUR SYAFIQ MOHD ZANI

    Citation
    KA-45-2-02/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    KA-45-2-02/2022 (Mahkamah Tinggi)

    Prosecution failed to establish prima facie possession because police evidence contained material inconsistencies about the role and presence of the informer and the identity/location of the accused, the informer functioned as an essential witness who was not called or offered, and the prosecution's reliance on the statutory presumption (s.37(d)) could not cure the evidential gap; therefore accused must be discharged at end of prosecution case.