17 Mar 2020
PENDAKWARAYA NORBAYANI MUHAMMAD SHAHRIL BIN ABDUL KADIR
- Citation
- DA-83-2020-04/2019 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DA-83-2020-04/2019 (Mahkamah Majistret)
Prosecution failed to discharge burden of proving possession/ownership and a prima facie case because of material evidential gaps: absence of testimony from potentially relevant shop staff and officer Asmanizam, inconsistencies in police reporting, and lack of proof of accused's control; statutory presumption s.135(2) cannot be invoked where the prosecution case is defective; benefit of doubt therefore goes to accused and he is acquitted.