KOTA KINABALU - High Court at Kota Kinabalu today acquitted a local man from a charge of trafficking 101.83 grams of methamphetamine in Kg. Sembulan Tengah, three years ago, without calling him to enter a defence.
Judicial Commissioner Amelati Parnell ruled that the prosecution failed to establish a prima facie case against Al Aznher under Section 39B(1)(a) of the Dangerous Drugs Act.
Al Aznher bin Ahmad, 40, was visibly moved to tears in the dock as the decision was announced by Amelati, with his family members in the public gallery embracing each other in relief following the verdict.
In her brief judgment, Amelati stated that after conducting maximum evaluation on all witness testimonies and physical exhibits presented, and hearing arguments from both the deputy public prosecutor and the defence counsel, the court was satisfied that the prosecution had not proven that the accused had knowledge, control, and possession of the drugs concealed within a vehicle.
The trial, which commenced on February 23, 2023, and concluded on December 8, 2023, saw the prosecution calling 6 witnesses and submitting 19 physical exhibits to the court.
In the defence arguments, the accused, represented by Mohd Azhier Farhan bin Arisin, contended among other points that the raiding officer's testimony regarding the accused's own admission and retrieval of the drugs hidden in the back of the car after being read the cautionary words under section 37B (1) (b) of the Dangerous Drugs Act 1952 was implausible. This skepticism arose partly because the raiding officer, upon cross-examination by Azhier, could not recall and recite the cautionary words in open court.
Al Aznher was charged under Section 39B(1)(A) of the Dangerous Drugs Act 1952, an offence punishable under Section 39B(2) of the same act, which carries the death penalty or life imprisonment and a minimum of 12 strokes of the cane. The prosecution was conducted by Deputy Public Prosecutors Rustam Sanip and Adibah Saiful Bahri.