Magistrate Muhammad Hidayat Wahab made the decision after he was satisfied that the defence for the accused, the son of the late Azean Irdawaty, who was a popular actress, had succeeded in raising reasonable doubts in the prosecution’s case.
Benjy’s friend, Raja Shariff Hidayatullah Raja Shariffuddin, 28, however, was ordered to enter his defence after the prosecution succeeded in proving a prima facie case against him.
According to the original charge, they were accused of having 1.3 kg of methamphetamine at a roadblock in front of a Caltex Petrol Station along Jalan Pagoh-Muar at 1.40am on March 27 last year.
The offence under Section 39B(2) of the Dangerous Drug Act 1952 carries the mandatory death sentence, if convicted.
However late into the prosecution’s case today, the prosecution applied to the court to amend the charge due to technical errors involving several matters including the date and actual amount of the drug when found.
Muhammad Hidayat then allowed the charge to be framed under Section 39A(1) of the same act, and if found guilty, the accused could be jailed a maximum of five years and receive not less than nine strokes of the cane.
The court also fixed the trial dates for Raja Shariff Hidayatullah on May 3 and 5.
In his judgement, Muhammad Hidayat said among the grounds for his decision in Benjy’s case was the failure of the prosecution to prove element of knowledge and control of the drugs.
In addition, he said there was strong evidence that the drugs found in the car did not belong to the actor and he was only a passenger in the car.
“Based on the evidence of several witnesses, the second accused (Benjy) was also found to have never used the car.
“In fact, his friend also told the police the drugs belong to him (Benjy’s friend).
“So, this proves the accused did not know about the existence of the drugs at all,” he said.
Benjy and Raja Shariff Hidayatullah were represented by three lawyers, Khalid Yusoff, Farhan Read and Mohd Faiz Iskandar Hamzah, while the prosecution was handled by a deputy public prosecutor from the Johor Legal Adviser’s Office, Azfahanim Rajaluddin.
Meanwhile, when met by reporters, Benjy said he was grateful because the outcome was arrived at eventually today despite going through numerous ordeals.
“I am thankful to Allah the court arrived at this decision. To my son, Baba (father) loves Firdaus. I will get (to) you (soon). “..to the person I love, (my) wife, thank Allah,” he added.
– BERNAMA