14 Aug 2020
PENDAKWARAYA DINESH KUMAR A/L ARYAWAR
- Citation
- 45A-90-08/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 45A-90-08/2017 (Mahkamah Tinggi)
Although prosecution established the identity and analysis of the drug and a prima facie link to the accused, material uncertainty remained about where and how the package was recovered (absence of interior photographs and credible evidence that the vehicle lacked the alleged arm rest/console). That uncertainty, together with unrebutted defence evidence on the vehicle interior, raised a reasonable doubt sufficient to rebut the statutory presumption of possession/knowledge on the balance of probabilities; prosecution therefore failed to prove guilt beyond reasonable doubt and the accused must…