PENDAKWARAYA Timbalan Gerard Fred Vincent

PENDAKWARAYA Timbalan Gerard Fred Vincent

Non-production of the bottle and the prosecution's failure to establish a reliable chain of custody or the identifying marking on the bottle created a gap such that the court was left doubtful whether the sample analyzed was the accused's; therefore the prosecution did not prove a prima facie case and the accused must be acquitted and discharged.

Citation
BH82D-04-07/2019 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Gerard Fred Vincent
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
21 December 2020
Case Number
BH82D-04-07/2019 (Mahkamah Majistret)
Procedural Posture
Criminal Drug Offence / Magistrates' Court Judgment Acquittal and Discharge
Outcome
Accused acquitted and discharged
Legal Topics
Chain of Custody, Urine Test Evidence, Prima Facie Proof, Exhibit Non Production, Forensic Certificate
Source Language
Malay/English
Criminal Law Drug Law Evidence Chain of Custody Urine Test Evidence Prima Facie Proof Exhibit Non Production Forensic Certificate

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Parties

Public Prosecutor

Prosecution

Gerard Fred Vincent

Accused

Procedural Posture

Criminal Drug Offence / Magistrates' Court Judgment Acquittal and Discharge

Legal Issues

  1. 1 Whether prosecution proved prima facie case for possession/use of dangerous drug
  2. 2 Whether the bottle containing the urine sample sent for analysis was the same as that used by the accused (chain of custody/exhibit identity)
  3. 3 Whether discrepancies in witness evidence were material

Ratio Decidendi

Non-production of the bottle and the prosecution's failure to establish a reliable chain of custody or the identifying marking on the bottle created a gap such that the court was left doubtful whether the sample analyzed was the accused's; therefore the prosecution did not prove a prima facie case and the accused must be acquitted and discharged.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Gerard Fred Vincent acquitted and discharged