
Judge Kamaludin Md Said dismissed the prosecution’s appeal to reinstate Saiful’s conviction under Section 15(1)(a) of Dangerous Drug Act and his eight-month jail sentence.
“We are satisfied that the High Court judge (in deciding Saiful’s appeal) has considered the evidence as a whole.
“There was a reasonable doubt created against the prosecution’s case, thus the conviction is not safe,” said Kamaludin, who chaired a three-member panel.
The other judges were M Gunalan and Hashim Hamzah.
Last year, High Court judge Collin Lawrence Sequerah freed Saiful from the drug charge, saying the police only took one sample of his urine for analysis instead of two.
“He has been deprived of two samples of urine and this strict procedural guideline must be complied with,” Sequerah had said.
The court also noted that taking only one urine sample had left open the possibility of contamination as the sample was used by police for both the screening test and the chemist’s confirmatory test.
Saiful was accused of using THC-type drugs at a hotel in Kuala Lumpur at 2.05am on Jan 5, 2019.
In 2020, the magistrates’ court sentenced him to eight months’ jail after finding that the defence had failed to raise reasonable doubt in the prosecution’s case.
Lawyers Nicholas Kow and Emile Ezra Hussain represented Saiful while deputy public prosecutor K Mangai appeared for the prosecution.