31 Oct 2022
[ ] David Anak Anding
- Citation
- BA-45-14-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45-14-03/2020 (Mahkamah Tinggi)
Prosecution failed to prove possession (exclusive custody/control and knowledge) and failed to establish an unbroken chain of evidence and credible CCTV/identification of the other registrant; these deficiencies defeated the prima facie case and precluded invocation of the statutory presumption of trafficking, therefore accused must be discharged under the prima facie test in s180 CrPC.