MOHAMAD FAUZI BIN CHEK

MOHAMAD FAUZI BIN CHEK

Prosecution failed to prove ownership/identity of the urine sample and the evidential chain because the original investigating officer who received and handled the sample was deceased and his oral evidence was absent; the successor's reliance on the original officer's diary amounted to inadmissible hearsay absent reliance on a statutory exception, so no prima facie case under s15(1)(a) DDA 1952 was established and the accused was acquitted.

Citation
JA-82D-55-11/2022 (Mahkamah Majistret)
Parties
Prosecution: Public Prosecutor; Accused: Mohamad Fauzi bin Chek
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
JA-82D-55-11/2022 (Mahkamah Majistret)
Procedural Posture
Criminal Dangerous Drugs Act 1952 / Judgment at Close of Prosecution Case Accused Acquitted
Outcome
Accused discharged and acquitted
Legal Topics
Prima Facie Burden, Chain of Custody, Hearsay Rule, Admissibility of Urine Test Under S31 a DDA
Source Language
Malay/English
Criminal Law Drug/narcotics Law Evidence Law Prima Facie Burden Chain of Custody Hearsay Rule Admissibility of Urine Test Under S31 a DDA

Case Brief

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Parties

Public Prosecutor

Prosecution

Mohamad Fauzi bin Chek

Accused

Procedural Posture

Criminal Dangerous Drugs Act 1952 / Judgment at Close of Prosecution Case Accused Acquitted

Legal Issues

  1. 1 Whether the urine sample was proved to belong to the accused (chain of custody)
  2. 2 Whether the prosecution proved detection of dangerous drugs in the urine under s31A DDA 1952
  3. 3 Admissibility of investigative statements read by successor investigator (hearsay)

Ratio Decidendi

Prosecution failed to prove ownership/identity of the urine sample and the evidential chain because the original investigating officer who received and handled the sample was deceased and his oral evidence was absent; the successor's reliance on the original officer's diary amounted to inadmissible hearsay absent reliance on a statutory exception, so no prima facie case under s15(1)(a) DDA 1952 was established and the accused was acquitted.

Court Disposition

Accused discharged and acquitted

Orders

  • Accused Mohamad Fauzi bin Chek is discharged and acquitted of the charge