2011 MarsdenLR 72

ZAWAWI SALLEH
LIM HUNG WANG & ORS – Appellant
Versus
PP – Respondent

The court ruled it lacks the authority to review its own prima facie finding due to absence of legislative provisions allowing such review.

Headnote:(A) Courts of Judicature Act 1964 - Section 25(1); Criminal Procedure Code (Revised 1999) - Section 180; Dangerous Drugs Act 1952 - Section 39B(1)(a) - Review of prima facie finding - The applicants sought to review the court's determination that a prima facie case had been established against them for trafficking methamphetamine. The court found that the prosecution had indeed proven a prima facie case, and there were no grounds to revisit this ruling. The applicants' arguments regarding evidential chain breaks were insufficient to establish a need for review. (Paras 1, 11, 35)