21 Dec 2023
[Timbalan (TPR), Jabatan Peguam Negara] LEE YU HUAT
- Citation
- WA-45-9-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-45-9-07/2020 (Mahkamah Tinggi)
Prosecution failed to establish prima facie case for trafficking under s39B DDA because (a) evidence raised reasonable doubt as to exclusive possession due to contemporaneous indication of other users of the vehicle, (b) prosecution did not prove that the compartment was specially constructed for concealment through competent expert evidence, and (c) prosecution failed to call material public witnesses leading to a justified adverse inference; however the prosecution proved possession elements for two s12 DDA counts based on recovered items and chemist report, leading to conviction on those c…