17 Mar 2024
1. ) OH HAN HO 2. ) Kek Chee Seng - Dnaa 3. ) Tong Soon Thong - Dnaa 4. ) Chew Tiam Beng - Dnaa 5. ) Lee Tse Tak - Dnaa 6. ) Ng Chun Chai - Dnaa
- Citation
- JA-45A-74-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-45A-74-11/2021 (Mahkamah Tinggi)
Although the prosecution proved seizure, drug type and weight and established a prima facie case including the application of s.37(da) presumption, the prosecution failed to produce material witnesses (B2–B6) that were offered and essential to the defence narrative; that failure denied the accused a fair trial, allowed the defence to raise reasonable doubt on balance of probabilities and compelled the court to acquit and discharge the accused.