rayuan jenayah no: a-05-120-2009 antara mohd kamal bin osman

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cannabis, a dangerous drug within the meaning of the DDA, weighing
4,089 grammes.
[12] Chief Inspector A. Aziz bin Setapa (SP3) testified that the
motorcycle belonged to the appellant’s wife.
The defence
[13] The appellant, a fisherman by profession, testified that upon his
return from fishing in the evening of 28.2.2001, he received a telephone call
from his wife. At that time, his wife had gone to visit a sick relative at the
Taiping Hospital and she wanted to go home and she asked him to fetch
her there.
[14] The appellant then left his house and proceeded to take his
wife’s motorcycle (exhibit “P11”) that was parked under the house of his
brother-in-law. The area wherein the motorcycle was parked was an open
area and anyone could have access to it. The appellant testified that he left
at about 6.00 p.m. to fetch his wife at the Taiping Hospital.
[15] According to the appellant, his wife always used the motorcycle
(exhibit “P11”). Apart from his wife that often used the said motorcycle, his
younger brother-in-law by the name of Sazali also used the said
motorcycle. Sometimes, according to him, the neighbours would borrow the
said motorcycle. The appellant ventured to say that he hardly used the said
motorcycle and that he normally used a bicycle.