13 May 2020
PENDAKWARAYA 1. Mohamad Shaidan Bin Mohd Asri 2. Tew See Wei
- Citation
- JG-83D-397-07/2018 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JG-83D-397-07/2018 (Mahkamah Majistret)
Prosecution failed to prove the essential element of possession (exclusive custody/control plus knowledge) because of material investigative gaps and contradictory police evidence: lack of independent forensic linkage (fingerprints/DNA), failure to establish exclusive access to the room (unidentified vehicles/persons and unreliable statements about access), inconsistent surveillance testimony, failure to identify owner/tenant, and overreliance on an uncorroborated witness (SP7); consequently no prima facie case existed and the accused were discharged.