Introduction

[1] This is an application by the applicants, the accused in the Criminal Suit No: MT(3)-45-34-2008, for this court to review its own finding given on 25 February 2011 under s 25(1) of the Courts of Judicature Act 1964 (Act 91) ("CJA"), s 5 of the Criminal Procedure Code (Revised 1999) (Act 593) ("the CPC") and O 92 r 4 of the Rules of the High 1980 (RHC).

[2] The application concerns an important question of law and of public interest. According to learned counsel for the applicants, courts in Malaysia had not previously expressed any opinion on this issue.

Factual Context

[3] To appreciate the controversy raised in the present application, few relevant facts may be noted:

(a) The applicants were jointly tried in the High court of Johor Bahru on a charge for an offence of trafficking methamphetamine under s 39B(1)(a) of the Dangerous Drugs Act 1952 (Revised 1980) (Act 234) ("DDA 1952") and punishable under s 39B of the same Act to be read with s 34 of the Penal Code (Act 574) ("Penal Code") ;

(b) At the close of the case for the prosecution, this court, upon having evaluated the prosecution evidence on a maximum basis and having given anxious considerat