Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Prima facie assessment (s.180 cpc)

Legal area

Court

24 Jan 2024

1. ) MUHAMAD AL QAYYUM BIN ABDUL MAJID 2. ) NUR HASANAH BINTI A.LATIF 3. ) MOHAMAD AIZAT BIN OMAR

Citation

JA-45A-8-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-45A-8-02/2020 (Mahkamah Tinggi)

Prosecution failed to prove possession and knowledge affirmatively: gaps in narrative (lack of corroborating serbuan witness testimony and photos showing location of container), unresolved issues on tenancy/access, absence of personal effects, and failure to investigate a written alibi for defendant three meant the statutory presumption of trafficking could not be invoked; therefore no prima facie case and defendants must be discharged.
23 Apr 2021

PENDAKWARAYA Pendakwaraya 1. ) Mehdi Ebrahimkhani 2. ) Hamidreza Ghanatiaslkamari 3. ) Mojtaba

Citation

WA-45A-11-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-11-06/2020 (Mahkamah Tinggi)

The court held the chemist report established the seized substance as 441.50g methamphetamine (scheduled drug). Drugs were in open, accessible cupboard in the apartment occupied by accused 1 and 2; their proximity, conduct during the raid (delay, fumes, panic), and DNA/tenancy evidence supported an inference of knowledge and control. Because the weight exceeded 50g, the statutory presumption under s.37(da)(xvi) DDA applied and established prima facie trafficking for accused 1 and 2 who were therefore called to enter their defence. The prosecution failed to adduce cogent evidence linking accus…