Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Delay in forensic analysis

  • 5 Aug 2022

    NORHAZIEMAN BIN HAMID

    Citation
    NE-83D-775-11/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NE-83D-775-11/2021 (Mahkamah Majistret)

    Prosecution failed to establish a prima facie case: unexplained near five-month delay in forwarding exhibits to the chemistry department, absence of exclusive and documented custody safeguards (possibility of multiple cases’ exhibits in same safe), failure of the seizing officer to physically identify exhibits in court (reliance on photographs only), failure to call material witnesses and inconsistencies over scene photographs and arrest circumstances collectively raised reasonable doubt; accordingly accused must be acquitted at the close of the prosecution case.

  • 5 Aug 2022

    NORHAZIEMAN BIN HAMID

    Citation
    NE-83D-776-11/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    NE-83D-776-11/2021 (Mahkamah Majistret)

    Prosecution failed to prove a prima facie case because of fatal gaps: nearly five month unexplained delay in sending exhibits to the chemistry, inadequate assurances of exclusive secure storage and potential mixing with other cases, absence of physical identification of seized items by the arresting officer (identification only by photographs), unexplained discrepancies in scene photograph dates and failure to call corroborative witnesses; cumulatively these defects destroyed the chain of evidence and proof of possession, warranting discharge and acquittal at the close of prosecution.