3 Dec 2020
PUBLIC PROSECUTOR SAIFUL BAHARI BIN MOHAMAD
- Citation
- JB-41LB-1-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JB-41LB-1-03/2020 (Mahkamah Tinggi)
The High Court allowed the prosecution appeal, set aside the magistrate's acquittal and held that (a) s.31A(1A) empowers a police officer to obtain a urine specimen to preserve evidence without the prosecution having to prove a medical officer found it impracticable, (b) one specimen is legally sufficient, (c) the chain of custody was properly accounted for and there was no break, (d) the pathology GCMS report reliably detected amphetamine and methamphetamine and s.37(k) presumption applied, and (e) a prima facie case under s.15(1)(a) DDA was established requiring the respondent to be called…