Parameshwaren a/l K. Kumara v Pendakwa Raya

Appellant(s): Parameshwaren A/L K.Kumara

Respondent(s): Pendakwa Raya

• YA Dato' Lim Chong Fong
• YA Dato' Azmi Bin Ariffin
• Dato' Dr. Choo Kah Sing

• The appellant was charged in the High Court with trafficking 62.4 grams of Methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
• The prosecution established a prima facie case, leading the appellant to be called to enter his defence, where he testified and called two other witnesses.
• The High Court found the appellant guilty, convicting and sentencing him to life imprisonment (30 years) and 12 strokes of the cane, against which he appealed to the Court of Appeal.

• Whether the trial judge erred in applying the correct burden of proof regarding the possession and trafficking of dangerous drugs at the defence stage.
• Whether the appellant was denied a fair trial due to the absence of a Tamil interpreter during the testimony of prosecution witnesses.
• Whether the dangerous drugs were found on the appellant's person or at a separate location during a second raid, thereby challenging the credibility of the prosecution's main witness and the overall prosecution case.

• The Court found no merit in the argument regarding the burden of proof, affirming that the trial judge correctly applied the presumption of trafficking and that any hypothetical mention of "direct trafficking" did not prejudice the appellant.
• The Court held that the appellant was not denied a fair trial, given his proficiency in Bahasa Malaysia and representation by experienced counsel throughout the proceedings.
• The Court upheld the trial judge's finding that the 9 packets of drugs were found on the appellant, rejecting the defence's inconsistent claims, lack of corroboration for allegations of police misconduct, and the appellant's failure to rebut the statutory presumption of trafficking.