Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Police conduct and planned arrest
  • 5 Aug 2022

    NORHAZIEMAN BIN HAMID

    Citation
    NE-83D-776-11/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NE-83D-776-11/2021 (Mahkamah Majistret)

    The prosecution failed to establish a prima facie case because of fatal gaps: an unexplained near five‑month delay in forwarding exhibits to the Chemistry Department; inadequate proof of exclusive and secure custody (exhibits stored in a shared safe with other cases and no documentary trail); failure of the arresting officer to physically identify the seized items in court (reliance on photographs only); unexplained discrepancies in scene photographs' dates; and absence of key witnesses to rebut the defence narrative. These deficiencies broke the evidential chain and undermined the elements o…