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2018 MarsdenLR 1255

HIGH COURT MALAYA GEORGETOWN
PP – Appellant
Versus
LOPATKINA KLAVDIIA (NO 2) – Respondent


Petitioner Advocates:Noor Azrul Abdul Rahman ,Respondent Advocate: Sivananthan,Loh Huey Theng

Table of Content
1. legal principles governing the burden of proof and identity of drugs. (Para 8 , 10 , 12 , 14 , 18)
2. description and scrutiny of evidence related to drug identity. (Para 22 , 23 , 24 , 25)
3. court's conclusions on investigative failings and their effects. (Para 26 , 28 , 31 , 32 , 33 , 34)
The Finding Of The Court At The End Of The Prosecution's Case

[7] At the end of the Prosecution's case, it is trite law that the Court is bound to apply a maximum evaluation of the Prosecution's evidence to determine whether the Prosecution has made out a prima facie case against the Accused. This exercise necessarily involves the Court in subjecting all the evidence of the Prosecution's witnesses to strict scrutiny. The credibility of the testimony of all the Prosecution witnesses must be scrutinised and evaluated with a fine toothcomb. Should more than one inference arise, the one favourable to the Accused must be adopted.

[8] This principle is clearly stated in the case of PP v. Mohd Radzi Abu Bakar , [2005] 6 MLJ 393 as follows:-

"[2] After the amendments to ss 173(f) and 180 of the CPC, the statutory test has been altered. What is required of a subordinate Court and the High

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