[2016] 2 MLJ Abuchi Ngwoke v Public Prosecutor (Kamardin Hashim JCA) 623 A Abuchi Ngwoke v Public Prosecutor B COURT OF APPEAL (PUTRAJAYA) — CRIMINAL APPEAL NO M-05–368–12 OF 2014 TENGKU MAIMUN, AHMADI ASNAWI AND KAMARDIN HASHIM JJCA 5 APRIL 2016 C D Criminal Procedure — Appeal — Appeal against conviction and sentence — Appellant in possession of 29 capsules contained methamphetamine — Whether appellant had conscious knowledge that he in mens rea possession of drugs — Whether conviction for trafficking safe — Dangerous Drug Act 1952 s 39B(1)(a) E Criminal Procedure — Statements — Admissibility — Prosecution tendered written statements — Whether admissible in law — Whether charge of trafficking proved — Whether preconditions in s 402B(2) of the Criminal Procedure Code complied F Criminal Procedure — Trial — Judicial intervention — Whether trial judge exceeded limits in examination and cross-examination of appellant — Evidence Act 1950 s 165 G H I The appellant was charged for an offence of trafficking in dangerous drugs under s 39B(1)(a) of the Dangerous Drug Act 1952 (‘the DDA’) punishable under s 39B(2) of the DDA. The prosecution’s case was that, on 22 May 2012 at about 1pm, a taxi driver (‘SP4’) took the appellant from KLIA Sepang to Melaka. The appellant wanted to pay the taxi fares in Nigerian currency but was rejected by SP4 and argument broke out between them whereby the police was called by SP4. SP4 and the appellant were taken to the police station and there, they managed to settle the dispute. On 23 May 2012 at around 12am, while on his crime prevention round, SP6 together with two other police officers went to Batik Selat House, MITC and arrested the appellant for breaking into the said premises. The appellant became more aggressive on seeing the police and he drank a bottle of dye. The appellant was then taken to the Melaka General Hospital (‘hospital’) where he excreted a total of 29 capsules. All the 29 capsules were later sent to the chemist, SP3 for analysis. SP3 confirmed the powdery substance in the 29 capsules contained methamphetamine. At the end of the prosecution case, the learned trial judge found that a prima facie case had been made out. The appellant was thus called