19 Oct 2022
MOHAMAD FADHILAH BIN BANTUT [ ]
- Citation
- AA-41S(A)-1-01/2022 (Mahkamah Tinggi)
- Court
- A
- Case number
- AA-41S(A)-1-01/2022 (Mahkamah Tinggi)
The High Court held the single urine sample was inadmissible where presumptive screening and confirmatory testing occurred at different locations without collection of a duplicate sample as required by the procedural safeguards in the MOH Guideline and as read with IGSO F103; the Prosecution therefore failed to make out a prima facie case and the conviction was unsafe, compounded by additional evidential discrepancies, and the conviction and sentence were set aside and the appellant acquitted.