11 Nov 2019
SAMSUL ARIFIN BIN BAKAR
- Citation
- A-06B-84-11/2018 (Mahkamah Rayuan)
- Court
- Court of Appeal
- Case number
- A-06B-84-11/2018 (Mahkamah Rayuan)
Failure by the prosecution to prove that it was not practicable for a medical officer to obtain the urine specimen under s31A(1A) is not fatal to admissibility; s31A(1A) is a preservation provision and police officers on the ground may lawfully require urine where practicability considerations justify preservation of evidence; administrative IGSO requirements do not invalidate samples; accordingly the acquittal based on alleged s31A(1A) non‑compliance was reversed and the respondent must be called to enter his defence.