Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Missing material witness
  • 10 Oct 2025

    GOPALAKRISHNAN A/L NADARAJA

    Citation
    BA-45A-128-08/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-45A-128-08/2022 (Mahkamah Tinggi)

    The prosecution failed to prove a prima facie case because it did not establish beyond reasonable doubt that the accused had the requisite knowledge and exclusive control/power of disposal over the drugs; crucial material witnesses (Somma Kumaran and Raj) were not called and the investigation to trace them was insufficient; DNA evidence indicated other contributors in the locked room and CCTV was not produced; these gaps created reasonable doubt and required acquittal without calling the accused to enter defence.