19 Nov 2024
MOHD AMIRUL AMRIE BIN MOHD ZIMI
- Citation
- AA-41LB(A)-7-09/2023 (Mahkamah Tinggi)
- Court
- A
- Case number
- AA-41LB(A)-7-09/2023 (Mahkamah Tinggi)
The appeal is dismissed because the prosecution failed to preserve and produce the primary exhibit (the urine sample bottle), allowed its destruction, relied on inconsistent and unauthenticated photographic evidence, and failed to call a material witness; these failures prevented establishment of an unbroken chain of custody and created reasonable doubt; the Magistrate's credibility findings were sustainable and therefore the acquittal must be upheld.