Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption of possession and trafficking (s37)
  • 3 Oct 2019

    ESTHER WANJA

    Citation
    B-05(LB)-172-03/2018 (Mahkamah Rayuan)
    Court
    LB
    Case number
    B-05(LB)-172-03/2018 (Mahkamah Rayuan)

    The Court upheld the High Court's finding that the respondent successfully rebutted the statutory presumptions on a balance of probabilities because the totality of evidence (relationship with Frank, plausibility of innocent carrier account, expertly concealed secret compartment, corroborating business materials, consistency with cautioned statement and credible demeanour) made wilful blindness not established; therefore the acquittal stood and no appellate interference was warranted.