Malaysia Case Law: Decisions & Judgments

Topic

Rebuttal of statutory presumption

Legal area

Court

24 Oct 2025

Teo Yek Ming 1. ) LKW PETROLEUM SDN BHD 2. ) Lee Kok Wai PIHAK KETIGA IWEALTH CAPITAL SDN. BHD.

Citation

BL-B52NCC-30-10/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B52NCC-30-10/2022 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff rebutted the statutory presumption under s.10OA by proving the loan was an intra‑member, one‑off facility consistent with its constitution and welfare activities; defendants defaulted under clear contractual terms, plaintiff validly exercised contractual rights to accelerate repayment; the agreed interest and default rates are enforceable because the plaintiff was not proven to be carrying on a moneylending business; the guarantee and indemnity rendered the director jointly and severally liable; third party indemnity/contribution claims failed for…
22 Aug 2025

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN

Citation

WA-45-24-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45-24-04/2022 (Mahkamah Tinggi)

Circumstantial evidence established that accused had control of the premises and thus mens rea possession of the drugs beyond reasonable doubt, but the statutory presumption of trafficking under s.37(da) was successfully rebutted due to absence of overt acts of distribution and a break in chain of custody regarding the Lazada box; therefore conviction is for possession rather than trafficking.
24 Nov 2021

JOHN OBODOECHINA IFEKA [Passport No. A 04332914]

Citation

B-05(M)-614-12/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-614-12/2018 (Mahkamah Rayuan)

The presumption under s.37(d) was validly invoked at the close of the prosecution case because no exculpatory evidence had been led; after hearing the defence the trial judge lawfully disbelieved the appellant’s account and on the totality of evidence (control of two named locked bags, keys in appellant's possession, name tags, removal of concealed metal rods from the bags and circumstances of conduct) found the appellant had knowledge and possession of the drugs; the appellant failed to rebut the presumption and the conviction for trafficking under s.39B(1)(a) and the mandatory death sentenc…
12 Oct 2020

PENDAKWARAYA PUBLIC PROSECUTOR MHAGESWARAN A/L MUTHU

Citation

WA-45A-10-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-10-03/2019 (Mahkamah Tinggi)

Although identity and weight of the methamphetamine were proven and a prima facie case of possession was made, the prosecution failed to prove exclusive possession and the requisite knowledge/mens rea beyond reasonable doubt because of credible contradictory evidence about location of the packages, inadequate investigation into prior users of the vehicle and unimpugned defence evidence that rebutted the s37(d) presumption on balance of probabilities; accordingly the accused was acquitted.

Malaysia Case Law

Teo Yek Ming 1. ) LKW PETROLEUM SDN BHD 2. ) Lee Kok Wai PIHAK KETIGA IWEALTH CAPITAL SDN. BHD.

[Timbalan (TPR), Jabatan Peguam Negara] 1. ) NG BOON KIAN 2. ) MOHAMMAD HAFIZ CHEAH BIN ABDULLAH 3. ) HU. RONG 4. ) TAN OANH TUYEN

JOHN OBODOECHINA IFEKA [Passport No. A 04332914]

PENDAKWARAYA PUBLIC PROSECUTOR MHAGESWARAN A/L MUTHU