3 Sept 2025
[Timbalan (TPR), Jabatan Peguam Negara] 1. ) FRANCIS XAVIER 2. ) GABRIELLINA JANE A/P DEVARAJ SAMUEL ABISHEGAM
- Citation
- WA-45A-21-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45A-21-04/2023 (Mahkamah Tinggi)
The High Court found the prosecution failed to establish a prima facie case: possession and mens rea were not proven given the drugs were in a borrowed car not exclusively controlled by the accused, material witnesses (car owner and intermediary) were not called (adverse inference under s114(g) Evidence Act), an unexplained ten‑hour gap in chain of custody undermined exhibit identity, investigation was inadequate and there was no evidence of common intention; accordingly the accused were acquitted and discharged under section 180 CPC.