PENDAKWARAYA INSPEKTOR MUHAIMIN BIN ABD KADIR PEGAWAI PENDAKWA TRAFIK KEMUDIAN DIKENDALIKAN OLEH; PUAN SITI NUR AMALINA BINTI HARUN BERSAMA PUAN ESTHER JACYNTHA A/P MONYARPRAM TIMBALAN NOR AZMAN BIN MAT SALLEH

PENDAKWARAYA INSPEKTOR MUHAIMIN BIN ABD KADIR PEGAWAI PENDAKWA TRAFIK KEMUDIAN DIKENDALIKAN OLEH; PUAN SITI NUR AMALINA BINTI HARUN BERSAMA PUAN ESTHER JACYNTHA A/P MONYARPRAM TIMBALAN NOR AZMAN BIN MAT SALLEH

Prosecution failed to establish a prima facie case under s44(1A)(a) because statutory procedure in s45C(5) for deciding blood versus urine was not complied with and material gaps in the chain of custody, labelling and handling of blood specimens undermined the reliability of the chemical report; prosecution also failed to prove that detected drugs caused inability to control the vehicle. Benefit of doubt given to accused.

Citation
AA-83-1295-11/2020 (Mahkamah Majistret)
Parties
Prosecution: Pendakwa Raya; Accused: Nor Azman Bin Mat Salleh
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
22 October 2021
Case Number
AA-83-1295-11/2020 (Mahkamah Majistret)
Procedural Posture
Criminal Traffic Offence (road Transport Act 1987 S44(1 A)(a)) / Post Acquittal Reasons on Prosecution Appeal Following Discharge at Close of Prosecution Case
Outcome
Accused acquitted and discharged
Legal Topics
Driving Under Influence, Prima Facie Test at Close of Prosecution Case, Chain of Custody of Biological Specimens, Statutory Compliance With Road Transport Act S45 C(5), Burden of Proof, Admissibility of Chemical Analysis
Source Language
Malay/English
Criminal Law Traffic Law Evidence Law Forensic Toxicology Criminal Procedure Driving Under Influence Prima Facie Test at Close of Prosecution Case Chain of Custody of Biological Specimens +3 more

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Parties

Pendakwa Raya

Prosecution

Nor Azman Bin Mat Salleh

Accused

Procedural Posture

Criminal Traffic Offence (road Transport Act 1987 S44(1 A)(a)) / Post Acquittal Reasons on Prosecution Appeal Following Discharge at Close of Prosecution Case

Legal Issues

  1. 1 Whether prosecution established prima facie case under s44(1A)(a) RTA 1987
  2. 2 Whether specimen blood collection complied with s45C(5) RTA 1987
  3. 3 Whether chain of custody for blood specimen was intact and properly proved

Ratio Decidendi

Prosecution failed to establish a prima facie case under s44(1A)(a) because statutory procedure in s45C(5) for deciding blood versus urine was not complied with and material gaps in the chain of custody, labelling and handling of blood specimens undermined the reliability of the chemical report; prosecution also failed to prove that detected drugs caused inability to control the vehicle. Benefit of doubt given to accused.

Court Disposition

Accused acquitted and discharged

Orders

  • Accused Nor Azman Bin Mat Salleh is acquitted and discharged of the charge under s44(1A)(a) Road Transport Act 1987
  • Bail and any suspended driving licence are to be returned to the accused