The course entitled “How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952” was held at the Transit Bungalow, Precinct 10, Putrajaya on 7 - 8 April 2012 (Saturday - Sunday).

The facilitators for this course were The Hon. Dato’ Ahmad bin Haji Maarop, Federal Court Judge; The Hon. Dato’ Azahar bin Mohamed, Courtof Appeal Judge and The Hon. Datuk Wira Mohtarudin bin Baki, Court of
Appeal Judge.

A total of 12 judges attended this course comprising 8 High Court Judges and 4 Judicial Commissioners as follows:

1. YA Dato’ Haji Abdul Halim bin Aman High Court Judge, Johor Bahru
2. YA Dato’ Abdul Alim bin Abdullah High Court Judge, Shah Alam
3. YA Dato’ Haji Ghazali bin Haji Chae High Court Judge, Kuala Lumpur
4. YA Dato’ Mariana binti Haji Yahya High Court Judge, Kuantan
5. YA Tuan Haji Azman bin Abdullah High Court Judge, Kota Bharu
6. YA Dato’ Haji Mohd Yazid bin Haji Mustafa High Court Judge, Kuala Terengganu
7. YA Dato’ Akhtar bin Tahir High Court Judge, Shah Alam
8. YA Dato’ Rhodzariah binti Bujang High Court Judge, Kuching
9. YA Dato’ Dr. Haji Hassan bin Ab. Rahman Judicial Commissioner, Ipoh High Court
10. YA Tuan Mohd Zaki bin Abd. Wahab Judicial Commissioner, Ipoh High Court
11. YA Tuan Gunalan a/l Muniandy Judicial Commissioner, Ipoh High Court
12. YA Datuk Douglas Cristo Primus Sikayun Judicial Commissioner, Ipoh High Court

A total of 12 topics related to cases under the Dangerous Drugs Act 1952 especially cases involving section 39B as well as other provisions were presented by the course participants and discussed. The discussion
titles are as follows:

(i)Meaning of Prima Facie Case | By: YA Dato’ Haji Abdul Halim bin Aman
(ii)Chain of Evidence / Evidence By Chemist | By: YA Dato’ Mariana binti Haji Yahya
(iii)Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) | By: YA Dato’ Akhtar bin Tahir
(iv)Agent Provocateur / Informer | By: YA Dato’ Abdul Alim bin Abdullah
(v)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 Dato’ Rhodzariah binti Bujang
(vi)Reasonable Doubt | By: YA Tuan Gunalan a/l Muniandy
(vii)Burden of Proof | By: YA Datuk Douglas Cristo Primus Sikayun
(viii)Evaluation of Evidence At The End of Presecution Case | By: YA Tuan Haji Azman bin Abdullah
(ix)Evaluation of Evidence At The End of Defence Case | By: YA Dato’ Haji Mohd Yazid bin Haji Mustafa
(x)Reduction of Charge | By: YA Dato’ Haji Ghazali bin Haji Cha
(xi)Section 27 And Section 8 of The Evidence Act | By: YA Tuan Mohd Zaki bin Abd Wahab
(xii)Common Intention (Section 34 of The Penal Code) | By: YA Dato’ Dr. Haji Hassan bin Ab. Rahman

Apart from this, 2 grounds of judgment from 2 participants were presented and discussed. The participants also discussed 6 grounds of judgment for criminal trials relating to section 39B which were prepared by the facilitators.