21 Dec 2021
1. ) MUHAMMAD FITRI BIN SAAD 2. ) EDDY SAIFUIAN BIN HAMZAH 3. ) MOHD ZAMBRI BIN AHMAD
- Citation
- RA-45A-5-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- RA-45A-5-10/2018 (Mahkamah Tinggi)
Material contradictions between the arresting officer's oral evidence and contemporaneous documentary exhibits (search/seizure forms and sketch) as to where and when the drugs were found defeated the prosecution's ability to prove prima facie that the accused had possession (control/care/knowledge). Under ss91–92 Evidence Act oral evidence cannot be used to vary written records; accordingly prosecution failed to establish the possession element required for s39B offences and the accused were properly acquitted at the close of the prosecution under s180 CPC.