ABDULLAH FUAD MAREAI AL KATHERI v Pendakwa Raya [Timbalan Pendakwa Raya (TPR), Jabatan Peguam Negara]

w-05sh-234-05-2024 Court of Appeal (Mahkamah Rayuan) 1 July 2025 • W-05(SH)-234-05/2024 • 44 min read
28 cases cited (0 SG, 28 foreign)

Catchwords

Criminal Law - Section 39B(1)(a) of the Dangerous Drugs Act 1952, which is punishable under Section 39B(2) of the same Act. - no full grounds of judgment in the Record of Appeal - HCJ’s written broad grounds of judgment at the end of the trial - At the conclusion of the trial, the Court found the Accused guilty as he had failed to rebut the presumption of trafficking and failed to raise a reasonable doubt on the Prosecution’s case. - his defence was not sustainable - pre-conditions for admission of evidence under S.27 EA - the Accused failed on his defence and the sentence is one that is within the purview of the law - Appeal is dismissed

Practice Areas

Criminal Law

Judges (3)

Azmi bin Ariffin Coram Hashim bin Hamzah Coram Mohd Firuz bin Jaffril Delivered

Counsel (3)

Goh Cia Yee Firm Eyu Ghim Siang Counsel Prosecution Goh Cia Yee Counsel Appellant

Parties (2)

Pendakwa Raya Respondent Abdullah Fuad Mareai Al Katheri Appellant

Case Significance

ABDULLAH FUAD MAREAI AL KATHERI v Pendakwa Raya [Timbalan Pendakwa Raya (TPR)... is a Court of Appeal (Mahkamah Rayuan) decision dated July 1, 2025 (citation: w-05sh-234-05-2024). <p>A Yemeni national was convicted of trafficking 208.2g of cannabis found at The Elements @ Ampang apartment and sentenced to life imprisonment (30 years) with 12 strokes. The Court of Appeal dismissed his appeal, finding no appealable error in the trial judge's decision, and confirmed the appellant failed to rebut the presumption of trafficking and his defence was not sustainable.</p> The panel comprised Azmi bin Ariffin, Hashim bin Hamzah and Mohd Firuz bin Jaffril, with Mohd Firuz bin Jaffril delivering the judgment. Counsel appearing: Eyu Ghim Siang (prosecution counsel), Goh Cia Yee (counsel for appellant).

Summary

A Yemeni national was convicted of trafficking 208.2g of cannabis found at The Elements @ Ampang apartment and sentenced to life imprisonment (30 years) with 12 strokes. The Court of Appeal dismissed his appeal, finding no appealable error in the trial judge's decision, and confirmed the appellant failed to rebut the presumption of trafficking and his defence was not sustainable.

What was the outcome of ABDULLAH FUAD MAREAI AL KATHERI v Pendakwa Raya [Timbalan Pendakwa Raya (TPR)...?

<p>A Yemeni national was convicted of trafficking 208.2g of cannabis found at The Elements @ Ampang apartment and sentenced to life imprisonment (30 y...

Statutes Cited

Criminal Procedure Code (Cap 593)
Evidence Act 1950
s 27
Evidence Act 1950 (Cap 56)
s 27 s 8(2)

Cases Cited (28)

UK (2)
[1972] 3 All ER 1056 [1973] AC 729
MY (26)
[1953] MLJ 124 [1954] MLJ 63 [1956] 22 MLJ 28 [1956] MLJ 237 [1963] MLJ 263 [1964] MLJ 380 [1966] 1 MLJ 9 [1971] 1 MLJ 380 [1981] 1 MLJ 144 [1989] 2 CLJ 1168 [1989] 3 MLJ 356 [1998] 2 MLJ 273 [1999] 1 CLJ 829 [2002] 2 MLJ 408 [2002] 4 MLJ 185 [2002] 8 CLJ 814 [2003] 8 CLJ 555 [2005] 2 CLJ 481 [2009] 2 CLJ 800 [2009] 2 MLJ 613 [2009] 3 CLJ 109 [2011] 3 CLJ 601 [2011] 3 MLJ 280 [2012] 2 MLJ 478 [2012] 7 CLJ 715 [2013] 4 CLJ 149