11 Dec 2020
PENDAKWARAYA PENDAKWARAYA 1. ) HEAVEN BIRD SDN BHD 2. ) FAUZIAH BINTI HAMID DAN NASSIER EID ATEYA ALI
- Citation
- WA-63-515 DAN 517 -05/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-63-515 DAN 517 -05/2019 (Mahkamah Sesyen)
Although prosecution established a prima facie case under s.8(2)(c) Act 730 based on seizure and owner verification, the defence evidence created reasonable doubt about quantity and provenance of seized goods, successfully rebutted the statutory presumption on the balance of probabilities and negated common intention as to OKS1, so prosecution failed to prove guilt beyond reasonable doubt and defendants were acquitted.