A course entitled How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952 was held from 20 - 21 April 2013.
A total of 14 participants attended this course. They were made up of 10 High Court Judges and 4 Judicial Coomissioners. The facilitators were Tan Sri Ahmad bin Haji Maarop, Federal Court Judge; the Hon. Dato’ Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal Judge; and the Hon. Dato’ Azahar bin Mohamed, Court of Appeal Judge.
1. | YA Dato’ Zainal Adzam bin Abd. Ghani | High Court Judge, Ipoh |
2. | YA Datuk Siti Mariah binti Haji Ahmad | High Court Judge, Seremban |
3. | YA Dato’ Haji Abd. Halim bin Aman | High Court Judge, Johor Bahru |
4. | YA Datuk Nurchaya binti Haji Arshad | High Court Judge, Shah Alam |
5. | YA Dato’ Mohd. Azman bin Husin | High Court Judge, Kuala Lumpur |
6. | YA Dato’ Mohd. Sofian bin Tan Sri Abd. Razak | High Court Judge, Shah Alam |
7. | YA Dato’ Haji Zainal Azman bin Abdul Aziz | High Court Judge, Muar |
8. | YA Dato’ Mary Lim Thiam Suan | High Court Judge, Kuala Lumpur |
9. | YA Puan Supang Lian | High Court Judge, Sibu |
10. | YA Tuan Stephen Chung Hian Guan | High Court Judge, Miri |
11. | YA Puan Choong Siew Khim | Judicial Commissioner, High Court Shah Alam |
12. | YA Tuan Lee Swee Seng | Judicial Commissioner, High Court Ipoh |
13. | YA Datuk Abdul Karim bin Abdul Jalil | Judicial Commissioner, High Court Melaka |
14. | YA Dato’ Hashim bin Hamzah | Judicial Commissioner, High Court Shah Alam |
This course was divided into 2 sessions. Presentation of discussion topics as determined by the facilitators were related to the Dangerous Drugs Act 1952. Emphasis was given to the section 39B of the said Act as well as other related laws such as the Criminal Procedure Code.The topics of discussion were as follows:
(i) |
Meaning of Prima Facie Case and Evaluation of Evidence At The End of Prosecution Case |
(ii) |
Chain of Evidence / Evidence By Chemist By: YA Datuk Nurchaya binti Haji Arshad |
(iii) | Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) and Agent Provocateur/Informer By: YA Dato’ Mohd Sofian bin Tan Sri Abd. Razak |
(iv) | Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952 By: YA Puan Choong Siew Khim |
(v) | Reasonable Doubt and Evaluation of Evidence At The End of Defence Case By: YA Dato’ Haji Abdul Halim bin Aman |
(vi) | Section 27 And Section 8 of The Evidence Act By: YA Dato’ Mohd. Azman b. Husin |
(vii) | Common Intention (Section 34 of The Penal Code) By: YA Puan Supang Lian |
(viii) | Circumstancial Evidence In Drug Related Cases By: YA Tuan Stephen Chung Hian Guan |
(ix) | Corroboration By: YA Dato’ Mary Lim Thiam Suan |
(x) | Contradiction and Impeachment By: YA Dato’ Hashim bin Hamzah |
(xi) | Application of Section 422 of CPC and Section 167 of Evidence Act 1950 By: YA Datuk Siti Mariah binti Haji Ahmad |
(xii) | Duty of Defence To Put His Case During Prosecution’s Case and Adverse Inference Section 114g of Evidence Act By: YA Tuan Lee Swee Seng |
(xiii) | Section 90A od Evidence Act 1950 (Principles and Application) By: YA Dato’ Zainal Adzam bin Abd. Ghani |
(xiv) | Reduction of Charge By Court By: YA Dato’ Haji Zainal Azman bin Abd. Aziz |
8 grounds of judgment of criminal cases related to section 39B chosen by the facilitators were also discussed. Participants were randomly selected at the beginning of the second session to create an introduction to the 5-minute discussion and followed by a 15-minute discussion.