Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Urine sample testing

  • 4 Mar 2024

    MOHD SABRI BIN MD SUHAIMI

    Citation
    DA-82D-6-03/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-82D-6-03/2021 (Mahkamah Majistret)

    Prosecution proved all elements of the offence beyond reasonable doubt: the chain of custody of the urine sample was established by witness identification and photographs despite absence of the physical bottle, the forensic analysis by a qualified government scientific officer confirmed Amphetamine and Methamphetamine and complied with section 31A, permitting application of the statutory presumption under section 37(k) that the accused had administered the drugs to himself; the accused's denials were bare, afterthoughts and uncorroborated, therefore insufficient to rebut the presumption; acco…

  • 3 May 2023

    AZRUL ASYRAFF BIN AZALAN

    Citation
    JH-82D-1-01/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JH-82D-1-01/2021 (Mahkamah Majistret)

    The court found material contradictions as to where the urine bottle was sealed which caused a break in the chain of custody and created a real possibility of contamination or mix-up with other officers' samples; the prosecution failed to prove identity of the specimen beyond reasonable doubt and failed to conduct a comprehensive investigation, therefore no prima facie case was made and the accused was acquitted and discharged.