Pendakwa Raya v 1. ) Shahrul Amzar Afiq Bin Ab Rahman 2. ) Mohd Hakimi Bin Zakyudin

Case Significance

Illustrates the prima-facie-case standard under section 180 of the Criminal Procedure Code, credible evidence of every ingredient tested on maximum evaluation, and the consequence that, where it is not met at the close of the prosecution case, the accused are discharged and acquitted without being called to enter a defence.

This High Court decision at Kota Bharu, Kelantan, concerns two charges of drug trafficking brought jointly against two accused under section 39B(1)(a) of the Dangerous Drugs Act 1952, read with section 34 of the Penal Code. The charges alleged trafficking, on the same night in February 2021 at a house in the district of Pasir Mas, in 655.8 grams of methamphetamine (the first charge) and 296.9 grams of methamphetamine (the second charge). At the close of the prosecution case the court found that the prosecution had failed to make out a prima facie case against either accused and ordered them "dilepaskan dan dibebaskan tanpa dipanggil untuk membela diri" (discharged and acquitted without being called to enter a defence). The court's reasoning was anchored in section 180 of the Criminal Procedure Code and, in particular, section 180(4), which provides that a prima facie case is raised where the prosecution has adduced credible evidence proving each ingredient of the offence. Applying a maximum evaluation to the whole of the prosecution evidence, the court concluded that it was not prepared to convict the accused even if, on being called, they elected to remain silent, that being the touchstone the authorities set for whether a prima facie case exists. Because that threshold was not met on either charge, the accused were discharged and acquitted without their defence being called. Dissatisfied, the prosecution filed an appeal to the Court of Appeal, and these were the court's grounds. In substance the acquittal reflected gaps in the evidence linking each accused to the drugs, which the court found could not, even taken at their highest, support a safe conviction. The judgment is a useful illustration of the prima-facie-case standard under section 180 of the Criminal Procedure Code and of the consequence, at the close of the prosecution case, when credible evidence of every ingredient is lacking.