Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Exclusive access

Legal area

Court

6 Jul 2023

[Jabatan Peguam Negara] KOH NGUN FOOK

Citation

BA-45A-84-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-45A-84-07/2021 (Mahkamah Tinggi)

Prosecution failed to exclude access by third parties and therefore did not prove exclusive custody or control and the accused's knowledge of the drugs; material witnesses with access were not called and forensic steps (fingerprint/dusting) were inadequate, resulting in a failure to establish a prima facie case on all charges; accused acquitted and discharged at close of prosecution case.
3 Feb 2023

ABD SAMAT BIN TOMPANG

Citation

NG-83D-73-08/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

NG-83D-73-08/2021 (Mahkamah Majistret)

The prosecution failed to prove the essential elements of possession (exclusive custody/control and knowledge) because the drugs were found in an unlocked bedroom accessible to others, independent investigation was lacking (investigating officer did not visit the scene) and no evidence excluded access by other persons; consequently there was no prima facie case and the accused could not safely be called to answer.