Mohd Fazaly Ali Bin Mohd Ghazaly

On the court record

Mohd Fazaly Ali Bin Mohd Ghazaly appears in the corpus as a criminal defence advocate, appearing for the accused and the appellant in drug and corruption prosecutions in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan). One High Court matter, appearing for the accused, concerned charges of trafficking in cannabis under 'seksyen 39B(1)(a) Akta Dadah Berbahaya 1952' (section 39B(1)(a) of the Dangerous Drugs Act 1952), punishable under section 39B(2), and the possession of the poison Etizolam under section 30(3) of the Poisons Act 1952; the court recorded that the accused was convicted at the close of the defence case and sentenced to 'penjara seumur hidup dengan 12 sebatan rotan' (life imprisonment with 12 strokes of the rotan), the court holding that the absence of certain witnesses did not create a gap in the prosecution case for the purposes of the adverse inference under section 114(g) of the Evidence Act 1950. A Court of Appeal matter, appearing for the appellant, concerned a trafficking charge under section 39B(1)(a) read with section 34 of the Penal Code, and engaged whether a prima facie case existed against both accused, the elements of custody, control and knowledge, common intention, the admissibility of the evidence of an agent provocateur under section 40A of the Dangerous Drugs Act 1952, and an alleged error in the application of the statutory presumption under section 37(da). A third matter, in the High Court and appearing for the appellant, was a corruption case under section 165 of the Penal Code concerning a public servant accepting a valuable thing without consideration, which turned on a fine distinction in the authoritative Malay text of the anti-corruption legislation between 'menyetuju terima' and 'bersetuju untuk menyetuju terima' — between accepting and agreeing to accept. Across the appearances the practice is that of experienced defence counsel in grave drug and corruption prosecutions.