Thread by @limweijiet

The Federal Court earlier today struck down the applicability of double presumption under the Dangerous Drugs Act 1952.

This is a landmark decision.

But what exactly is the double presumption?

This is a thread.

freemalaysiatoday.com/category/natio…

2. Let's say at the airport, you were stopped by immigration. They discovered a bag of white substance in the outer pocket of your luggage bag.  You were shocked. You didn't know who put it there.

Drug tests later show the white substance is a few hundred grams of heroine.

3. First, there is a presumption in law that - cuz u are in custody of d white substance (heroine) - you are in "possession" of heroine and knew full well tat u carried heroine

Punishment for possession varies from a fine to life prison, depending on weight of the drug found.

4. 2nd, there is another extra presumption in law that comes into effect - cuz d heroine u carry exceed 15 gm - u are deemed to be "trafficking" heroine.

"Trafficking" means you are carrying such drugs for purposes of selling to others, and it is more serious than "possession".

5. Punishment for trafficking of drugs is the mandatory death sentence.

Let that sink in.

6. So - because of the double presumption rule - you are immediately transformed from an innocent citizen excited for his/her trip to Bali into a drug trafficker facing the gallows. Such is the unfairness & cruelty of such rule.

7. Of course, you can rebut the presumption. But you are already 2-0 down and it is an uphill task to discharge the burden to prove you are innocent.

8. From what is reported, it seems that the Federal Court struck down double presumption because it offends the right to life/liberty and the presumption of innocence.

This is a great development in constitutional law in Malaysia.