27 Jun 2024
MUHAMMAD ZAKIMI BIN MOHD ZAKI
- Citation
- DE-82D-7-12/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- DE-82D-7-12/2022 (Mahkamah Majistret)
The court held the prosecution failed to establish a prima facie case on the essential element of control/possession: prosecution witnesses were inconsistent and not sufficiently credible; the scene was open and accessible to others; and the prosecution's failure to call material witnesses (co-accused Suhaimi and the accused's mother) warranted an adverse inference under s114(g). Therefore the accused was discharged without being called to enter his defence.