26 Oct 2023
[Timbalan (TPR), Jabatan Peguam Negara] TAN CAR CHUN
- Citation
- CB-45-7-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-45-7-09/2019 (Mahkamah Tinggi)
The prosecution failed to prove a prima facie case: although chemical analysis proved the substances were dangerous drugs, the prosecution did not establish possession, control or knowledge by the accused because other persons had access to the room, key evidential witness Lim Yee Chuan was not called and adverse inference under s114(g) Evidence Act 1950 was warranted, and there was insufficient evidence to conclude the acts amounted to trafficking under the statutory definition and purpose approach; accordingly both accused were acquitted and discharged at the close of the prosecution case.