SINGAPORE – In a first, a man arrested for suspected drink-driving has been acquitted of an offence even though he refused to provide a blood sample when the police asked him to do so at a hospital.
The case, in which Mr Muhammad Rajis Abdullah was charged with failing to provide a blood sample, involved a little-known provision in the Road Traffic Act (RTA).
It states that a hospital patient can only be compelled by a police officer to provide a specimen for analysis if the registered medical practitioner in-charge of the patient’s case gives the green light.
In written grounds issued on May 18, a district judge said that because Mr Rajis was a hospital patient at the time, the police could not lawfully demand a blood specimen from him without explicit authorisation from his doctor.
In other words, the burden was on the police to secure authorisation from Mr Rajis’ doctor before requiring the arrested person to give a blood sample, said District Judge Prem Raj Prabakaran.
The judge said the prosecution had failed to prove beyond reasonable doubt that the man’s doctor had authorised the taking of a blood sample from the patient.
Without explicit authorisation, the police could not lawfully require Mr Rajis to provide a blood sample and, accordingly, he could not be convicted for failing to provide his blood sample, he added.
He noted that the provision creates a statutory safeguard that prioritises patient care and welfare over investigative or enforcement efforts.
