24 May 2024
MOHD DIKY AL KUSHAIRY BIN KAMARUDDIN
- Citation
- BA-46A-1-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-46A-1-07/2022 (Mahkamah Tinggi)
Prosecution failed to prove the essential elements of possession (custody, control and knowledge) and failed to exclude access by others to the vehicle in which the drugs were found; prosecution witnesses were inconsistent and not credible on key facts (possession of keys, identification of containers, dates and presence), chain of custody and evidential links (including s27 discovery and proper caution under s37B) were inadequate; therefore no prima facie case was made out and accused must be acquitted and discharged.