12 Oct 2020
PENDAKWARAYA PUBLIC PROSECUTOR MHAGESWARAN A/L MUTHU
- Citation
- WA-45A-10-03/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-10-03/2019 (Mahkamah Tinggi)
Although identity and weight of the methamphetamine were proven and a prima facie case of possession was made, the prosecution failed to prove exclusive possession and the requisite knowledge/mens rea beyond reasonable doubt because of credible contradictory evidence about location of the packages, inadequate investigation into prior users of the vehicle and unimpugned defence evidence that rebutted the s37(d) presumption on balance of probabilities; accordingly the accused was acquitted.