27 Sept 2023
MUHAMAD SAIFUDDIN BIN CHE ANAWA
- Citation
- JA-82D-42-08/2021 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-82D-42-08/2021 (Mahkamah Majistret)
Although the prosecution established a prima facie case with an unbroken chain of custody and positive laboratory results for Amphetamine and Methamphetamine under s31A and s37(k), the defence produced credible corroborative evidence (witness testimony of drink tampering and contemporaneous statements) that raised a reasonable doubt and rebutted the statutory presumption; failure of the police to investigate that defence materially prejudiced the accused, therefore the prosecution failed to prove guilt beyond reasonable doubt and the accused is acquitted.