23 Jun 2023
1. ) JEFFERY WONG CHOW CHUEN 2. ) HONG DE XIAN 3. ) CHEAH WEI SHENG 4. ) AARON FREDRICK D'ALMIEDA 5. ) NGUYEN THI THU THAO
- Citation
- BA-45-15-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45-15-05/2021 (Mahkamah Tinggi)
Prosecution failed to establish a prima facie case because the chain of custody for seized drug exhibits was broken or unreliable, prosecution did not prove the necessary elements of possession (control and knowledge) against the accuseds given open/shared access to items and absence of linking forensic evidence, there was no evidence of overt acts or meeting of minds to support common intention for trafficking, and therefore statutory presumption s37(d) ADB could not be invoked.