Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Pre-planned arrest/entrapment
  • 5 Aug 2022

    NORHAZIEMAN BIN HAMID

    Citation
    NE-83D-775-11/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NE-83D-775-11/2021 (Mahkamah Majistret)

    Prosecution failed to establish a prima facie case: unexplained near five-month delay in forwarding exhibits to the chemistry department, absence of exclusive and documented custody safeguards (possibility of multiple cases’ exhibits in same safe), failure of the seizing officer to physically identify exhibits in court (reliance on photographs only), failure to call material witnesses and inconsistencies over scene photographs and arrest circumstances collectively raised reasonable doubt; accordingly accused must be acquitted at the close of the prosecution case.