23 Jun 2022
MUHAMMAD ZAMANSARRY BIN ZAMRI
- Citation
- AA-62D-59-03/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-62D-59-03/2020 (Mahkamah Sesyen)
Prosecution failed to establish a prima facie case under s39C(1) ADB 1952 because key elements were unproven: contradictions between prosecution witnesses on the sample's condition and handling created reasonable doubt about identity and chain of custody; material discrepancies in signatures raised doubt whether the pathology report had been served on the accused; and the prosecution did not call the chemist or comply with s399 CPC, so the pathology report could not safely be relied upon. Therefore the accused was properly discharged and acquitted.