4 Jul 2025
KUA SENG POO
- Citation
- JA-45A-17-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-45A-17-02/2022 (Mahkamah Tinggi)
Material and unexplained contradictions between prosecution witnesses about the location where the drugs were found—compounded by the prosecution's failure to call a witness who could have clarified the discrepancy—created reasonable doubt as to the accused's possession and the identity of the exhibit; consequently the prosecution failed to establish a prima facie case and the statutory presumption under s37(da) ADB could not be invoked.