Cop acquitted of drug charge after winning final appeal

 Court of Appeal says magistrate failed to determine whether the defence had rebutted a statutory presumption under the Dangerous Drugs Act.

The Court of Appeal found gaps in the prosecution’s handling of urine samples and its failure to establish an unbroken chain of custody after a lance corporal was arrested for allegedly consuming drugs.

PUTRAJAYA:

A police corporal has been acquitted of a drug consumption charge after the Court of Appeal found that the magistrate had seriously misdirected himself by failing to determine whether the defence had rebutted a statutory presumption under the Dangerous Drugs Act 1952.

In a unanimous decision, the court also found gaps in the prosecution’s handling of urine samples and its failure to establish an unbroken chain of custody.

Justice K Muniandy, who read the broad grounds of judgment, said the magistrate had failed to make a clear finding on whether Hamidi Misdon had rebutted the presumption under Section 37(k) of the Dangerous Drugs Act 1952 on a balance of probabilities.

Section 37(k) establishes a legal presumption that a person has consumed drugs if a dangerous drug is detected in their urine through a test conducted under Section 31A of the Act.

The court answered in the affirmative the legal question of whether such a failure amounted to a serious misdirection by way of non-direction.

The bench, chaired by Justice Azman Abdullah, also comprised Justice Hayatul Akmal Abdul Aziz.

The court identified shortcomings in the prosecution’s evidence, including its failure to call a police constable identified as Daglish, who was a material witness in establishing the handling and movement of the urine samples.

This left a gap in the evidence as to whether the samples subsequently analysed were indeed those collected from Hamidi.

It also noted discrepancies between the initial screening results and subsequent forensic analysis, raising questions about the identity and integrity of the specimens.

It said the prosecution had failed to address the evidential gaps, including those relating to the presumption under Section 114(g) of the Evidence Act 1950.

Hamidi, 46, was convicted by the Klang magistrates’ court on Dec 24, 2024, under Section 15(1)(a) of the Dangerous Drugs Act and fined RM5,000, or eight months’ imprisonment in default.

The High Court dismissed his appeal on Oct 16, 2025.

The Court of Appeal set aside the High Court’s decision, quashed the conviction and sentence, and ordered Hamidi’s acquittal and discharge.

It also directed that the RM5,000 fine be refunded to him.

Azman said Hamidi’s acquittal resulted from a technical error and expressed hope that the corporal would discharge his duties diligently.

Deputy public prosecutor Shamala Jaganathan appeared for the prosecution, while Nik Ikhwan Nik Mahamud and Dhiya Syazwani Izyan Akhir represented Hamidi. - FMT