Federal Court narrows scope of duty for trial judges in drug trafficking cases
Malaysia's Federal Court has ruled that trial judges are not required to formally declare whether a drug trafficking charge is based on actual evidence or statutory presumption. The decision clarifies procedural requirements under the Criminal Procedure Code.
Why it matters
This ruling sets a significant legal precedent for drug trafficking trials in Malaysia, potentially streamlining prosecution processes.
The Federal Court said Section 180 of the Criminal Procedure Code only requires the trial judge to determine whether the prosecution has established a prima facie case before calling the accused to enter his defence.
PUTRAJAYA: The Federal Court has ruled that trial judges are not legally required to tell an accused, at the close of the prosecution's case, whether a drug trafficking charge is based on actual evidence or a statutory presumption.
The majority, comprising Justices Nordin Hassan and Azmi Ariffin, said this in restoring the trafficking conviction of Julasiri Akilmara.
Justice Rhodzariah Bujang, the bench chairman, dissented.
Azmi, who delivered the majority judgment, said Section 180 of the Criminal Procedure Code only requires the judge to determine whether the prosecution has established a prima facie case before calling the accused to enter his defence.
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