7 May 2025
[Timbalan (TPR), Jabatan Peguam Negara] KALAISELVAM MUTHALIAR A/L ANBAKARASAN
- Citation
- WA-45A-18-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-18-03/2023 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case because its narrative was inconsistent and contradicted on material particulars, the principal witness (SP1) was unreliable, material evidence (the accused's mobile phone, vehicle and witnesses Ruben and Mior) was suppressed or not investigated, and the investigating officer was left unable to verify exculpatory leads; these failures raised reasonable doubt as to the accused's knowledge and intention to traffic, requiring acquittal at the close of the prosecution's case and precluding invocation of the presumption under s37(da) DDA.