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
By: YA Datuk Abdul Karim bin Abdul Jalil

(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.