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HIGH COURT MALAYA KUALA LUMPUR
PP – Appellant
Versus
MOHD KHAIRUL AZWAN ZAKARIA & ANOR – Respondent
| Table of Content |
|---|
| 1. basis of charges against the accused. (Para 1 , 2 , 6 , 8 , 10) |
| 2. discrepancies in evidence and its impact on credibility. (Para 16 , 18 , 20 , 24 , 33) |
| 3. requirements for proving possession and knowledge. (Para 25 , 29 , 41) |
| 4. defence arguments regarding possession and knowledge. (Para 53 , 54 , 56 , 60) |
| 5. sentencing considerations and applicable laws. (Para 82 , 86 , 88) |
[1]Mohd Khairul Azwan bin Zakaria ("the first accused") and Bhahira bin Fakri ("the second accused") were charged in the High Court Kuala Lumpur for an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") . The charge was marked as exh. P2.
[2] The prosecution called 11 witnesses to prove its case against the accused persons. At the end of the prosecution's case, the Court upon a maximum evaluation of the credibility of witnesses and reliability of evidence adduced, ruled that the prosecution had successfully made out a prima facie case against both accused for the preferred charge of drug trafficking. The list of witnesses called by the prosecution are as follows:
1. PW1 - ASP SHAIFUL HEZREEN B. SHAHRIMAN G/17533
2. PW2 - D/SM 124403 RIZAL EFFENDEY B. O
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