Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Tampering of evidence
  • 28 Sept 2025

    MOHD KHUZAIRY BIN SHAARI

    Citation
    TE-82D-2-09/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    TE-82D-2-09/2023 (Mahkamah Majistret)

    Material and unexplained contradictions between prosecution witnesses' accounts and photographs concerning sequence and types of seals on the urine specimen, together with lack of explanation for the red PDRM seal and gaps in the custody timeline, undermined the integrity and identity of the specimen; on balance of probabilities the statutory presumption under s37(k) ADB was rebutted and reasonable doubt was raised as to the prosecution case, requiring acquittal.