Malaysia Case Law: Decisions & Judgments

Topic

Section 27 evidence act

Legal area

Court

16 Jan 2026

[Timbalan (TPR), Jabatan Peguam Negara] SHEAGER A/L ADEKKAPACHI

Citation

WA-45A-6-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-45A-6-01/2024 (Mahkamah Tinggi)

The court held that the prosecution proved possession beyond reasonable doubt: the accused's admission naming others combined with possession of the car keys and directing police to the vehicle established knowledge, custody and control sufficient for conviction for possession; the presumption of trafficking was not sustained because the accused offered an unrebutted explanation implicating third parties but that explanation did not raise reasonable doubt as to possession, therefore conviction for possession was justified.
5 Jan 2026

[Timbalan (TPR), Jabatan Peguam Negara] MUH RUDI BIN ISMAIL

Citation

CB-45B-3-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-45B-3-12/2021 (Mahkamah Tinggi)

The prosecution failed to prove the charge beyond reasonable doubt because the circumstantial evidence did not exclude the reasonable hypothesis of third‑party involvement: there was no eyewitness to the killing, the accused's DNA was absent from the principal weapon while multiple unknown male DNA profiles were present on exhibits, the s.27 material did not establish exclusive discovery by the accused, and the 'last seen together' theory was unsupported by corroborative facts sufficient to complete the chain of inference. Accordingly the accused was acquitted.
23 Apr 2025

[ ] SHAHRIL ZHARIF BIN ABD MALIK

Citation

DG-83D-468-04/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

DG-83D-468-04/2023 (Mahkamah Majistret)

Although chemical analysis proved the seized pills contained 9.10 g methamphetamine, contradictions as to when the statutory caution was given and absence of evidence that its consequences were explained rendered the accused's statements/acts inadmissible; without admissible evidence proving control/possession the prosecution failed to make out a prima facie case and the accused is discharged and acquitted.
15 Oct 2024

SALINDER SINGH A/L HERNEK SINGH

Citation

JA-62RS-41-10/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-62RS-41-10/2022 (Mahkamah Sesyen)

The prosecution failed to prove identity and the attempt to cause hurt beyond a prima facie threshold: PW1's identification of a masked robber based only on eye and nose was unreliable and uncorroborated, CCTV did not support the weapon claim, section 27 was inapplicable because no distinct information by the accused led to discovery, and the totality of evidence did not establish a prima facie case; therefore the accused was acquitted and discharged.
24 May 2024

MOHD DIKY AL KUSHAIRY BIN KAMARUDDIN

Citation

BA-46-1-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-46-1-07/2022 (Mahkamah Tinggi)

Prosecution failed to prove the essential elements of possession (custody, control and knowledge) against the accused because of inconsistent and interested witness testimony, failure to exclude access by others to the vehicle where drugs were found, gaps in chain of custody and improper or unproved cautions; therefore no prima facie case existed and the accused must be acquitted.
27 Dec 2022

[ ] 1. ) MUHAMMAD AMIN 2. ) MOHD AZWAN BIN HANAFI 3. ) THIYAGU A/L A.PARAMASIVAM

Citation

BA-45A-111-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-111-10/2018 (Mahkamah Tinggi)

Prosecution failed to establish a prima facie case for trafficking under s39B(1)(a) because it did not prove that any accused had custody or control and knowledge of the concealed ketamine (they were at best momentary carriers or had no physical contact), there was no evidence of overt acts amounting to trafficking or a pre‑arranged common intention under s34 Penal Code; accordingly the accuseds were acquitted at the close of the prosecution.

Malaysia Case Law

[Timbalan (TPR), Jabatan Peguam Negara] SHEAGER A/L ADEKKAPACHI

[Timbalan (TPR), Jabatan Peguam Negara] MUH RUDI BIN ISMAIL

[ ] SHAHRIL ZHARIF BIN ABD MALIK

SALINDER SINGH A/L HERNEK SINGH

MOHD DIKY AL KUSHAIRY BIN KAMARUDDIN

[ ] 1. ) MUHAMMAD AMIN 2. ) MOHD AZWAN BIN HANAFI 3. ) THIYAGU A/L A.PARAMASIVAM