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

Case Significance

Reinforces that the prosecution must establish every ingredient of a trafficking offence to the prima-facie standard under section 180 of the Criminal Procedure Code; where the evidence lacks credibility and corroboration, the accused are acquitted at the close of the prosecution case.

This High Court decision at Temerloh is the connected proceeding to a linked drug prosecution of the same two accused, decided together and ending in a full acquittal at the close of the prosecution case. The two accused were tried on charges under the Dangerous Drugs Act 1952 (Akta Dadah Berbahaya 1952) arising from an operation at a house in Kampung Chegar Benus, Bentong, Pahang, in the early hours of 19 October 2021. The charge in this proceeding alleged that, in furtherance of a common intention under section 34 of the Penal Code, the two had trafficked in 74.55 grams net of methamphetamine, an offence under section 39B(1)(a) punishable under section 39B(2), and a further charge was brought under section 12(2) of the Act.

The court's task at the close of the prosecution case was to decide whether a prima facie case had been established under section 180 of the Criminal Procedure Code, the threshold that must be crossed before an accused is called to enter a defence. Having weighed the evidence, the court held that it was not credible and failed to establish the ingredients of the offences charged. It emphasised the settled principle that evidence which is uncorroborated or left unexplained cannot found a conviction, and concluded that the prosecution's evidence did not satisfy the requirements of section 180.

The court found that the prosecution had not made out a prima facie case against either accused and ordered them both dibebaskan bagi kesemua pertuduhan tanpa dipanggil membela diri (discharged of all the charges without being called to enter a defence). The judgment reinforces that the burden on the prosecution to establish every ingredient of a trafficking offence is a real one: where the evidence lacks credibility and corroboration, the court will acquit at the close of the prosecution case rather than call on the accused to answer.