Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Weight discrepancy in exhibits
  • 14 Sept 2023

    HIEW KEA CEE

    Citation
    JA-83D-1236-02/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-83D-1236-02/2022 (Mahkamah Majistret)

    Although the chemist confirmed the substance as methamphetamine (net 5.09g) and an eyewitness observed the accused discard the pouch, the prosecution failed to satisfactorily explain material and contemporaneous discrepancies in gross weights recorded across police documents and witness re-weighings (notably 12.04g vs 12.78g vs chemist 11.7809g). Those unexplained discrepancies undermined the chain of custody and the identity of the exhibits, creating reasonable doubt such that no prima facie case was established; accused therefore discharged at close of prosecution.