12 Mar 2026
SANJAY KUMAR A/L SELVAKUMARU
- Citation
- WA-41H-10-05/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-41H-10-05/2025 (Mahkamah Tinggi)
Appeal dismissed and Magistrate's acquittal upheld because the prosecution failed to prove compliance with the procedural requirements in the 1995 Rules (notably Rule 4 and aspects of Rule 5): witnesses did not inform the accused of the two-specimen requirement before any specimen was taken, a new mouthpiece was not shown to have been attached prior to the first test and the first test was not recorded; those procedural breaches raised reasonable doubt and deprived the accused of a fair trial despite a high BAC reading, therefore the prosecution did not establish a prima facie case