Mohamad Noorazam bin Che Rus v Public Prosecutor

Appellant(s): Mohamad Noorazam Bin Che Rus

Respondent(s): Pendakwa Raya

• YA Dato' Ahmad Zaidi Bin Ibrahim
• YA Datuk Mohamed Zaini Bin Mazlan
• YA Datuk Noorin binti Badaruddin

• The appellant was charged with trafficking 68.22 grams of Methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA 1952).
• The dangerous drugs were discovered in a car, which the appellant claimed to have borrowed, during a police patrol for Restricted Movement Order (RMO) compliance.
• The High Court convicted the appellant, applying the statutory presumption of trafficking under Section 37(da)(xvi) DDA 1952, and sentenced him to life imprisonment and whipping.

• Whether the High Court properly assessed the credibility of the police witnesses regarding the discovery of the drugs and the appellant's possession of the car keys.
• Whether the High Court erred in finding the appellant had sole custody and control of the vehicle, considering arguments about the car's registered ownership and the presence of other individuals' DNA.
• Whether the appellant's defence, including claims of merely borrowing the car and the presence of unidentified DNA, was sufficient to rebut the statutory presumption of trafficking or raise a reasonable doubt.

• The Court of Appeal affirmed the High Court's findings, holding that the police officers' testimonies were credible and corroborated, and the High Court's evaluation of evidence was sound.
• The Court ruled that the presence of other DNA was irrelevant as the appellant was the sole individual with access to the locked car at the time of arrest, with keys found on his person.
• The Court concluded that the High Court correctly found a prima facie case and that the appellant failed to raise reasonable doubt, thereby dismissing the appeal against both conviction and sentence.