31 May 2022
BA-45A-118-12/2019 (Mahkamah Tinggi)
- Citation
- BA-45A-118-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-45A-118-12/2019 (Mahkamah Tinggi)
After maximum appraisal of prosecution evidence the court found multiple plausible inferences inconsistent with exclusive possession, control or knowledge by accused: vehicle was not owned by accused, third parties had access, DNA on steering excluded accused, prosecution failed to call material witnesses (owner/lender) and did not rebut alternative inferences; therefore statutory presumption s37(d) did not apply and no prima facie case of possession/trafficking under s39B(1)(a) was established, so accused was discharged and acquitted without being called to enter defence.