Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Presumption under s.37 dda
  • 21 Jan 2022

    KIM KAI SIONG

    Citation
    AA-45A-11-10/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AA-45A-11-10/2018 (Mahkamah Tinggi)

    The prosecution failed to establish a prima facie case under section 180 CPC because evidence was inconsistent and insufficient to prove exclusive possession and knowledge: contemporaneous documents conflicted with oral testimony, other persons had access to the premises and were not properly investigated or called, and the police investigation was inadequate, producing reasonable doubt as to the accused's guilt; accordingly the accused was acquitted and discharged on all charges.