Asriyadi bin Bakri v Public Prosecutor

Appellant(s): Asriyadi Bin Bakri

Respondent(s):

• Pendakwa Raya
• [Pendakwa Raya]

• YA Datuk Ravinthran a/l Paramaguru
• YA Dato' Collin Lawrence Sequerah
• YA Dato' Ahmad Kamal Bin Md. Shahid

• The appellant was charged with trafficking 64.83 grams of methamphetamine under section 39B(1)(a) of the Dangerous Drugs Act 1952.
• Police, acting on a tip-off, observed the appellant carrying a plastic bag. Upon being approached, the appellant fled and threw the bag, which was subsequently recovered and found to contain the dangerous drugs.
• The High Court found a prima facie case, called for the defence, and ultimately convicted the appellant, sentencing him to life imprisonment and 12 strokes of the whip.

• Whether the High Court erred by summarily dismissing the appellant's defence of non-possession as an "afterthought" without proper evaluation of its merits.
• Whether an adverse inference should be drawn against the prosecution for the non-production of the appellant's seized handphone and the lack of positive fingerprint or photographic evidence.
• Whether the High Court wrongly evaluated the evidence, particularly regarding the credibility of the prosecution's eyewitness testimony.

• The Court of Appeal held that the High Court did not err in its treatment of the defence; despite characterising it as an "afterthought," the High Court had holistically evaluated the evidence and found it to be overwhelmingly against the appellant's version.
• The Court found no basis to draw an adverse inference against the prosecution for the non-production of the handphone or the unsuccessful fingerprint dusting, as the prosecution's case relied on direct eyewitness testimony of possession, not transactional evidence or corroborative forensic findings.
• The Court affirmed the High Court's conviction and sentence, concluding that the High Court had correctly established a prima facie case, properly drew inferences of knowledge and trafficking, and that the conviction was safe.