Daripada penilaian Mahkamah, ini tidak berlaku. Oleh itu, keterangan yang dikemukakan pihak pendakwaan ialah tertuduh memandu kereta bersama Zhafran. Tertuduh berada bersama bag MAIWP mengandungi dadah di dalam kereta tersebut. Prinsip ini telah dibincangkan dalam kes Alcontara dan Mahkamah Persekutuan menetapkan prinsip berhubung versi kes pembelaan perlu dicadangkan seawal mungkin, seperti berikut: “[3] It was wrong for the Judge to have criticised the defence for having failed to put to the Investigating Officer, the name S/N fekEGVrs0iqCPbVnd2fLQ of Che Mat, or the latter's telephone number or his place of abode, for the simple reason that these particulars had been disclosed in the cautioned statement, which means that the police had all the time in the world to check for their veracity. That being the case, the onus was on the prosecution to check on whether the appellant's version of the facts as they appeared in his cautioned statement, was true or false. The defence were, therefore, under no duty to put these matters to the Investigating Officer. In holding the contrary, the Judge had undoubtedly overlooked the material portions of the cautioned statement touching on Che Mat, reversed the onus, and placed it on the defence, so that on this further ground also, the conviction had to be quashed. [4] The Judge was clearly wrong when he held that "the defence by its failure to put such questions to the prosecution witnesses ought not to be allowed to raise such issues at the defence stage". It is settled law that although a Court may view with suspicion a defence which has not been put to the appropriate prosecution witnesses who might have personal knowledge of the points at issue, the Court is still bound to consider the defence, however weak, and to acquit, if not satisfied that the prosecution has discharged the burden of proof which rests upon it”.