How did the court assess the possession of drugs in the Horizon Hills house?

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Court Found Prosecution Failed to Prove Possession of Drugs in Horizon Hills House

The High Court acquitted and discharged Mohamad Faez Moktar of drug trafficking and possession charges after finding that the prosecution failed to establish a prima facie case, specifically regarding the element of possession with knowledge of the drugs found in the Horizon Hills house. The court highlighted deficiencies in how the prosecution presented evidence linking the accused to the premises and the drugs.
Prosecution Failed to Prove Knowledge of Drugs

Judicial Commissioner Noor Hayati Mat stated that the prosecution did not adequately prove that Mohamad Faez possessed the drugs with knowledge. While the accused might have resided in the Horizon Hills house, the court noted that it was not exclusively occupied by him. Crucially, no observations or monitoring were conducted to confirm the accused's presence at or departure from the house on the day of the drug raid, which weakened the prosecution's claim of possession.
Key Evidence Linking Accused to House Was Deficient

A significant issue identified by the court was the flawed presentation of evidence concerning a key. This key was reportedly seized from Mohamad Faez at the Ramada Hotel and was intended to link him to the Horizon Hills house where the drugs were discovered. The manner in which this crucial piece of evidence was presented ultimately undermined the prosecution's narrative and its ability to establish a connection between the accused and the location of the drugs.
Acquittal Without Defence Required

Due to the identified weaknesses in the prosecution's case, particularly the failure to prove possession with knowledge and the deficiencies in presenting the linking evidence of the key, the court found that a prima facie case had not been established. Consequently, Mohamad Faez Moktar was acquitted and discharged, meaning he did not have to present a defence to the charges.

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How did the court assess the possession of drugs in the Horizon Hills house?

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