22 Dec 2022
SHAHZAM MAHMUD BIN AHMAD ZAKI
- Citation
- AB-82D-10-08/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AB-82D-10-08/2020 (Mahkamah Majistret)
The court found a material breach of s31A(1A) DDA 1952 because the direct request to provide a urine specimen was made by a corporal (SP4) and there was no evidence the request was made by an officer not below the rank of sergeant; consequently the single urine sample was excluded as inadmissible and, coupled with unexplained discrepancies between preliminary screening and confirmatory tests and unresolved issues about single-bottle procedure, the prosecution failed to establish a prima facie case and the accused was discharged and acquitted.