17 Aug PENDAKWA RAYA v THIRUSELVAN RICHARD A/L BALAKRISHNAN [2010] MLJU 1734
High Court, Johor Bahru
Parties to the Suit:
Plaintiff: Public Prosecutor
Defendant: Thiruselvan Richard a/l Balakrishnan
Case Type: Criminal
Overview of the Case:
Police, acting on a tip-off, raided a two-story house. The house was empty and locked when they arrived. After breaking in and securing the premises, three men, including the accused, were arrested as they arrived at the house. A search of an upstairs bedroom, which was unlocked, yielded several packages of dangerous drugs (heroin and methamphetamine) and a large amount of cash.
The accused was charged with drug trafficking. At the end of the prosecution’s case, the key legal issues before the High Court were whether the prosecution had succeeded in proving the elements of possession, custody, and exclusive control of the drugs by the accused. The defence highlighted that the drugs were not found on the accused’s person and that the room where they were discovered was accessible to all occupants of the house.
The High Court held that the prosecution had failed to establish a prima facie case against the accused.
As a result, the accused was acquitted and discharged without being called to enter his defence.