20 Jul 2025
[ ] MOHD BALIAN BIN SIDEK
- Citation
- DH-82-5-10/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DH-82-5-10/2023 (Mahkamah Majistret)
Prosecution failed to prove ownership of the animal (no registration or identifying documentation), Section 114(a) presumption did not apply because mere proximity of the carcass to the accused's vehicle did not establish possession or dominion, and investigative deficiencies (no fingerprinting, no toxicology, incomplete forensic steps) created reasonable doubt; accused was a passenger and there was no evidence he disobeyed police orders. Therefore no prima facie case on either S.379 or S.188 and accused is acquitted.