A three-member bench chaired by Justice Hanipah Farikullah said Ruben Muniandy, 32, had suffered a miscarriage of justice in the sessions court.

“The trial judge has made a legal mistake by using the double presumption in Section 37(d) of the Dangerous Drugs Act 1952 with regard to possession.

“The mistake is fatal (and has) resulted in a miscarriage of justice. Therefore, the conviction is unsafe, and the appeal is allowed,” said Hanipah, who sat with Justices Ahmad Nasfy Yasin and Azimah Omar.

Earlier today, lawyer N Sivananthan submitted that the sessions court judge did not give enough consideration to the defence’s case.

“The trial judge has erred in considering the unchallenged evidence by the defence.

“The trial judge ought to have found that the defence had rebutted the prosecution’s case,” said Sivananthan, who was assisted by Nabila Habib.

Sivananthan added that the trial judge had incorrectly invoked the double presumption, resulting in the application of two different burdens of proof, which led to confusion.

Deputy public prosecutor Fauziah Daud submitted that the accused’s conduct during arrest was direct evidence of knowledge that he was in possession of the drugs.

Ruben was sentenced by the sessions court to 10 years’ imprisonment and ordered to be whipped 10 times after he was found guilty of having in his possession 37.69g of methamphetamine at a car park in Desa Mentari in Sungai Way, Petaling Jaya at about 4.30pm on Dec 6, 2018.