SHAH ALAM – The High Court of Malaya in Shah Alam acquitted and discharged a mechanic who was charged with trafficking more than 30 kilograms of methamphetamine after the prosecution failed to establish a prima facie case.
Judicial Commissioner Datuk Seri Latifah Mohd Tahar, in delivering her judgment, said the prosecution’s case contained several inconsistencies and unexplained gaps.
She noted that these weaknesses created reasonable doubt over the strength of the prosecution’s case presented during the trial.
The accused, Mohd Azhari Mohd Rashid, had been charged with trafficking 30,593.9 grams of methamphetamine.
According to the charge, the offence was allegedly committed on June 3, 2022 at about 3.30am in front of a house at Jalan PJS 2C17, Kampung Medan, Petaling Jaya, within the Petaling district in Selangor.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death penalty or life imprisonment and, if not sentenced to death, a minimum of 12 strokes of the cane.
Based on police testimony, the accused was arrested following a car chase along the New Pantai Expressway (NPE), after which he allegedly led officers to another vehicle parked in Kampung Medan where the drugs were discovered.
However, the court found serious doubts regarding the identity of the exhibits after the laboratory reference number on the Exhibit Registration Form did not match the number stated in the chemist’s report.
The court also raised concerns over the chain of custody of the evidence, noting conflicting testimonies between the storekeeper and the investigating officer over who had actual custody of the seized drugs.
In addition, the court found that the prosecution failed to prove that the accused had actual possession of the vehicle containing the drugs, as no car keys were found on him at the time of his arrest.
The judge also criticised the prosecution for failing to call several material witnesses, including another individual who had been arrested alongside the accused as well as a man identified only as “Mat”.
As a result, the court ordered that the accused be acquitted and discharged without being called to enter his defence.
During the trial, a total of five witnesses testified, including the vehicle owner and a chemist.
The accused was represented by lawyers Datuk Geethan Ram Vincent and Maalinni Manimaran, while the prosecution was led by deputy public prosecutor Faelly Jeffrey Lanjungan.
Meanwhile, Geethan said his client was extremely grateful for the court’s decision, describing the outcome as one of the happiest moments in his life.
“My client is very thankful for the decision. The first thing he told me was that he can finally go home and celebrate Hari Raya with his family. This is one of the happiest moments for him,” he said. -MalayaDailyToday
