THE Court of Appeal today upheld the High Court decision to acquit Ahmad Saiful Islam, the son of former defence minister Mohamad Sabu, of drug abuse.

The three-member panel led by Justice Kamaludin Md Said rejected the prosecution’s appeal against the High Court’s decision to acquit and discharge Saiful, 34, last year.

“After weighing the submissions from both parties, the court did not agree with the prosecution’s argument that the High Court judge had erred factually and legally in allowing Saiful’s appeal.

“The court is also satisfied that the High Court judge had weighed thoroughly all the statements and this court finds no doubts in the judge’s decision to acquit and discharge Saiful.

“Therefore, the prosecution’s appeal is rejected and the High Court’s decision stays,” Justice Kamaludin said.

He was joined on the panel by Justice M. Gunalan and Justice Hashim Hamzah.

Saiful was charged with using a THC-type drug at a hotel in Kuala Lumpur at 2.05am on January 5, 2019.

On October 27 last year, the High Court acquitted and discharged him of the drug abuse charge on appeal, after the Magistrate’s Court had convicted him on June 24, 2020.

Justice Collin Lawrence Sequerah in his judgment said the taking of only one bottle of urine had left open the possibility of contamination as the same sample was used both by the police for the screening test and the chemist for the confirmatory test.

He said the failure of the police to abide by the guidelines in omitting to take two bottles of urine has rendered the conviction flawed.

Prior to that, Magistrate Mohamad Aizat Abdul Rahim had sentenced Saiful to eight months’ jail after finding that the defence had failed to raise a reasonable doubt in the prosecution’s case.

Deputy public prosecutor K. Mangai prosecuted, while Saiful was represented by lawyers Nicholas Kow, Nasar Khan and Emile Ezra Hussain. – Bernama, August 26, 2022.