25 Nov 2019
PUBLIC PROSECUTOR NURDDIN BIN SAHIBUDDIN
- Citation
- S-05(LB)-610-12/2018 (Mahkamah Rayuan)
- Court
- LB
- Case number
- S-05(LB)-610-12/2018 (Mahkamah Rayuan)
Appeal dismissed and High Court acquittal affirmed because the defence evidence, corroborated by DW2, raised a real and reasonable doubt as to exclusive possession and implicated others as potential traffickers; prosecution failed to call a material witness (Sergeant Mapatoba) and the learned trial judge’s reliance on double presumptions (invoking s.37A implications) meant conviction would not be safe given constitutional authority on s.37A; no appellate intervention warranted.