Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG

jb-41lb-4-07-2024 High Court (Mahkamah Tinggi) 12 June 2025 • JB-41LB-4-07/2024 • 24 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Criminal Appeal - Decision from the Magistrate’s Court - Charge under s. 135(1)(d) Customs Act 1967 – For loading prohibited goods onto a motorcar - Accused discharged and acquitted end of prosecution’s case - Prosecution appealed to the High Court – High Court ordered accused to enter his defence – Burden to rebut the statutory presumption – Under s. 135 (2) Customs Act 1967 on the accused – On a balance of probabilities - Accused’s defence – He has no knowledge of the prohibited goods - He was asked by his employer to drive the employer’s motorcar from Kulai to Batu Pahat – No prohibited goods in the motorcar along the journey - Employer asked the accused to park the motorcar park behind a restaurant – And not to lock the motorcar and leave the keys inside – Accused heard employer taking over the phone asking his workers to load goods into the motorcar – Accused's defence corroborated by friend’s evidence - Who followed him in the motorcar and was at the restaurant – Customs aware motorcar does not belong to the accused and belongs to one Chok Yuk Fui - Failure by Customs to locate and investigate the owner concerning the prohibited goods - Relevance of the words “minta settle” uttered by the accused during the raid to the Raiding officer – Whether accused’s defence rebutted the Prosecution’s case on the balance of probabilities – Prosecution failed to file written submissions – Despite Court giving extensions – Subsequently only incomplete submissions filed - Failure to serve the written submissions on the accused – Court not having the benefit of the prosecutions’ reasons attacking the Magistrate’s findings and decision - Whether the Magistrate erred in her findings - Principles of appellate intervention

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Counsel (5)

J R Ravendren & Associates Firm Jabatan Kastam Diraja Malaysia Firm Nur Anida Binti Mohd Nasir Counsel Prosecution R. Ravendren Counsel Respondent Sree Kanapathi Nyanasegaran Counsel Respondent

Parties (2)

Pendakwa Raya Appellant Ong Boon Siong Respondent

Case Significance

Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG is a High Court (Mahkamah Tinggi) decision dated June 12, 2025 (citation: jb-41lb-4-07-2024). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG?

Pendakwa Raya [Jabatan Kastam Diraja Malaysia (KDRM)] v ONG BOON SIONG is a High Court decision dated June 12, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.

Statutes Cited

Customs Act 1967 (Cap 235)

Cases Cited (5)

MY (5)
[1969] 2 MLJ 89 [1997] 4 CLJ 645 [2006] 1 CLJ 457 [2017] 1 CLJ 617 [2017] 2 MLJ 750

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-41lb-4-07-2024)