15 Nov 2024
ABISHEK RAJ A/L RAJESH KANNAN
- Citation
- BA-45A-150-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-150-10/2022 (Mahkamah Tinggi)
The prosecution failed to prove custody, control and knowledge by the accused to the requisite prima facie standard: material contradictions in police evidence (notably regarding the accused's identity card and inventory procedures), failure to call material co-occupant witnesses and the accused's recorded denials undermined the prosecution case; consequently the statutory presumption under s37 ADB 1952 did not apply and no prima facie case was made out, entitling the accused to benefit of the doubt and acquittal.