Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of urine test under s31a dda
  • 17 Aug 2023

    MOHAMAD FAUZI BIN CHEK

    Citation
    JA-82D-55-11/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-82D-55-11/2022 (Mahkamah Majistret)

    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.