Friday 29 Mar 2024
By
main news image

KUALA LUMPUR (Oct 27): The son of former defence minister and Parti Amanah Negara president Mohamad Sabu, Ahmad Saiful Islam Mohamad, escaped an eight-month prison sentence on Wednesday after the High court acquitted him of all charges in his drug case.

Ahmad Saiful was sentenced at the Magistrate Court last year for using drugs at a hotel in the city centre in 2019.

Ahmad Saiful, who was represented by Nasar Khan, Emile Ezra Hussain and Datuk Nicholas Kow, appealed the sentence at the High Court before Justice Datuk Collin Lawrence Sequerah.

Ahmad Saiful was acquitted on the grounds that the police did not follow guidelines when they arrested him in taking two urine samples.

According to Collin, the police did not take two samples of urine, one for their use and one for Ministry of Health officials for a second test, as per the guidelines set in the Inspector-General standing orders and in the Ministry of Health guidelines. 

"The appellant (Ahmad Saiful) has been deprived of two samples of urine and this strict procedural guideline must be complied with," he said.

"I find the failure by the police to take two samples has rendered the conviction flawed," the judge said in his decision on Wednesday.

"It is for this reason the appeal is allowed and the conviction is set aside," he said.

Ahmad Saiful was charged with administering a THC drug (marijuana) at an entertainment centre in the hotel at about 2.05am on Jan 5, 2019.

He was initially sentenced to an eight-month prison term under Section 15(1)(a) of the Dangerous Drugs Act 1952 by magistrate Mohamad Aizat Abdul Rahim after finding that his defence team had failed to raise reasonable doubt in the case.

He was to also undergo two years' surveillance under the National Anti-Drug Agency after completing the sentence.

Ahmad Saiful was freed on bail of RM9,000 pending the outcome of his appeal.

As well as setting aside the conviction, the judge ordered that the bail amount be returned to Ahmad Saiful.

Edited BySurin Murugiah
      Print
      Text Size
      Share