Pendakwa Raya v 1. ) ERIEYUZWAN BIN MOKHTAR 2. ) NORNABILA BINTI ABDUL MUTALIB

Case Significance

Illustrates the gatekeeping function of the prima-facie-case threshold under section 180 of the Criminal Procedure Code: where the prosecution's evidence is not credible and fails to establish the ingredients of a trafficking charge, the accused are acquitted at the close of the prosecution case without being called to defend.

This High Court decision at Temerloh is a drug-trafficking prosecution of two accused that ended in acquittal at the close of the prosecution case for want of a prima facie case. The two accused were jointly charged in connected proceedings with offences under the Dangerous Drugs Act 1952 (Akta Dadah Berbahaya 1952). The principal charge alleged that, in furtherance of a common intention under section 34 of the Penal Code, they had trafficked in a dangerous drug — 74.55 grams net of methamphetamine — at premises in Kampung Chegar Benus, Bentong, Pahang, in the early hours of 19 October 2021, an offence under section 39B(1)(a) punishable under section 39B(2); a further charge was laid under section 12(2) of the same Act.

The court scrutinised the prosecution evidence at the close of its case against the standard in section 180 of the Criminal Procedure Code, which requires the prosecution to establish a prima facie case before the accused can be called to enter a defence. It concluded that the evidence adduced was not credible and failed to establish the elements of the offences charged against the two accused, and that evidence which is not corroborated or adequately explained cannot found a conviction. In the court's assessment the prosecution had not made out a prima facie case, and the requirements of section 180 were not satisfied.

The court accordingly ordered both accused dibebaskan bagi kesemua pertuduhan tanpa dipanggil membela diri (discharged of all the charges without being called to enter a defence). The judgment illustrates the gatekeeping function of the prima-facie-case threshold under section 180 of the Criminal Procedure Code: where the prosecution's evidence is not credible and fails to establish the ingredients of a trafficking charge, the accused are entitled to be acquitted at the close of the prosecution case without having to answer.