29 Jul 2025
[Timbalan (TPR), Jabatan Peguam Negara] NIK ABDUL AZIZ BIN AB RAHMAN
- Citation
- CB-45A-8-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45A-8-11/2021 (Mahkamah Tinggi)
Although the prosecution established a prima facie case at the close of its case and invoked s37(da) to presume possession/knowledge (based on drugs found outside the house, drugs in a vehicle registered to accused, and accused's flight), the defence successfully rebutted the presumption and raised reasonable doubt on the whole case by providing a plausible explanation for flight, showing the vehicle was used by others, and the absence of positive DNA/fingerprint linkage; prosecution failed to prove guilt beyond reasonable doubt and accused was acquitted.