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Tutorial - A167571
Tutorial - A167571
No Matric: A167571
Firm: YY & Co (Firm 2)
Case: Mohamad Eliyas bin Suib v Public Prosecutor [2021] MLJU 1323
Court: High Court, Alor Setar
Facts:
This is an appeal from the sessions court. The accused was charged under section 12(2) and
section 15(1)(a) Dangerous Drugs Act. In the sessions court, it was held that the accused failed
to case any reasonable doubt to the truth of the prosecution case. The sentence for both charges
is 36 months imprisonment, four strokes and 12 months imprisonment, and two years of police
supervision. Thus, the accused appealed against the decision of the sessions court.
Issue:
Whether the prosecution had proved a prima facie case against the accused for an offence under
section 12(2) and section 15(1)(a) Dangerous Drugs Act.
In the case of Public Prosecutor v Chew Yoo Chai (1989) 3 MLRH 213, the accused was
discharged and acquitted as there was no evidence that the gas chromatography instrument was
in good condition when it was used. The judgement of the case is states that in accordance with
regulation 27(1) Weights and Measures Act 1972 ‘it shall be the duty of the head of the
department to arrange for all weights, measures and instruments for weighing or measuring
used by his department to be examined by the Inspector once in every year.
Section 90A of the Evidence Act provides for the admissibility of documents produced by
computers. Provided in section 90A(2), it may be proved that a document was produced by a
computer in the course of its ordinary use by tendering to the court a certificate signed by a
person who either before or after the production of the document by the computer is responsible
for the management of the operation of that computer, or for the conduct of the activities for
which that computer was used. Furthermore, section 90A(4) provides that where a certificate
is given under 90A(2), the presumption is that the computer referred to in the certificate was in
good working order and the computer was operating properly in all respects throughout the
material part of the period during which the document was produced.