Pendakwa Raya v 1. ) WILSON ONG JIE RONG 2. ) LEE WEI CHEE 3. ) MARCUS YEO ZHEN WEI

jb-45-15-12-2022 High Court (Mahkamah Tinggi) 27 October 2025 • JB-45-15-12/2022

Catchwords

CRIMINAL LAW – Dangerous Drugs – Trafficking charge – Section 39(B) (1) (a) of the Dangerous Drugs Act 1952 – Whether possession proven - Whether accused had custody and control and knowledge of the drugs – Police raid on a homestay - All three accused found on the first floor - In two separate rooms – No drugs found in the rooms on the first floor - Drugs found in a room on the ground floor - Whether ground floor room was locked during the raid – Contradiction between the testimony of the Raiding Officer and the homestay manager on whether it was locked – No entrance keys to the homestay and the ground floor room found on the accused persons – Whether the accused persons had access to the ground floor room - Whether a third party had instead locked the ground floor room and accused persons inside the homestay – Whether a third party had access to the ground floor room – Accused persons looking surprise and worried during the raid – Whether this reaction consistent with someone who had hid the entrance keys to the homestay and the ground floor room - Whether the purported navigation of the accused persons to the ground floor room admissible – Under section 27 of the Evidence Act 1950 – Whether the purported admission by the accused persons that they are keeping “barang salah” admissible – Whether caution administered pursuant to section 37B DDA 1952 - Identification of the 1st accused by the homestay manager via photograph – Whether identification parade ought to have been held based on the facts herein - Weight to be attached to such identification by photograph - No DNA of the accused persons found on the drug case exhibits and the non-drug case exhibits - Whether the fact that no response from the accused persons when the police called them from outside the homestay - And them looking scared and worried sufficient to infer knowledge - Whether DNA of the 3rd accused found on the water bottle on the ground floor room sufficient to infer knowledge - Whether presumption of trafficking under Section 37(da)(xvi) DDA, 1952 proven.

Practice Areas

Criminal Law Evidence Criminal Procedure

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (4)

Pendakwa Raya Prosecutor Lee Wei Chee Accused Marcus Yeo Zhen Wei Accused Wilson Ong Jie Rong Accused

Judgment

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Source: eJudgment (jb-45-15-12-2022)