Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Investigative obligations of prosecution
  • 4 Feb 2026

    MOHD FADZLI BIN SALEH

    Citation
    AB-83-504-08/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    AB-83-504-08/2023 (Mahkamah Majistret)

    The prosecution failed to prove a prima facie case of possession because it did not exclude the real possibility that others with access or ownership controlled the premises and the seized cigarettes; the investigating officer failed to perform necessary enquiries (did not take statements of title holders or neighbours), prosecution relied on contemporaneous documents incorrectly identifying the accused as owner, and there was no recorded admissible confession; therefore accused was discharged and released without being called to defend.