ACQUITTED

"It was the most meaningful Hari Raya gift.”

KOTA KINABALU: A man who was facing a possible death sentence for a drug trafficking offence walked out a free man after the court released him from the charge on Wednesday (May 10).

High Court Judge Leonard David Shim acquitted and discharged Pillah Hajirul, who has been in detention since being arrested in 2020, without calling for his defence.

Speaking to reporters after the ruling, the 26-year-old construction worker was grateful the court decided in his favour.

"It was the most meaningful Hari Raya gift," he said, his face beaming with both elation and relief.

"I wish to return to my village (in the Philippines) after this to be with my family.

"As the offence was non-bailable, I had to spend some three years under detention," he added.

Earlier, the judge, following a maximum evaluation of all the evidence, said the court found that the prosecution had not "adduced credible evidence proving each ingredient of the offence of trafficking under Section 39(1)(a) of the Dangerous Drugs Act (DDA) 1952 which if unrebutted or unexplained would warrant a conviction."

"Based on the aforesaid reasons, the court finds that a prima facie case has not been made out against the accused.

"In the circumstances, the accused is discharged and acquitted without calling for his defence," said Justice Shim.

Pillah was arrested at a house in University Apartment, Jalan Sulaman Manggatal near here at 11am on May 17, 2020.

He was accused of trafficking 53.3gm of syabu.

On conviction, the charge under Section 39B(1)(a) of the DDA and punishable under Section 39B(2) of the same Act provides for a death sentence or life imprisonment or a maximum 15 strokes of the rotan, if not sentenced to death.

Pillah’s trial started in September last year, with five witnesses called.

Deputy public prosecutor Nur Faezah Jafry appeared for the prosecution while the accused was represented by counsels Azhier Farhan Arisin and Mohd Syarulnizam Mohd Salleh.