Court of Appeal judge Ahmad Nasfy Yasin, in allowing the appeal by Saiful Adly Zakaria, 39 and Azrul Alias 36, said the trial judge erred in his findings that the duo had common intention to commit the crime.

“There was no pre-arranged plan and meeting of minds to show that the two had intention to traffick the drugs. The convictions are unsafe ,” said Nasfy, who delivered the broad grounds.

The bench, chaired by Hanipah Farikullah, heard oral submissions two months ago. Its other member is Che Mohd Ruzima Ghazali.

Adly, Azrul and Bukhti Shukran Abdul Rahman, 35, were sentenced to death by the Shah Alam High Court three years ago for trafficking in 971.6gm of methamphetamine at the Aeon car park at Bukit Rimau in Shah Alam at about 6.20pm on Aug 7, 2017.

One is presumed to be a trafficker if in possession of 50gm of methamphetamine or more.

The bench, however, affirmed Bukhti’s conviction and sentence.

The facts of the case revealed that Bukthi, from Telok Panglima Garang in Kuala Selangor, had driven to the workshop in Bandar Sunway to repair his car.

Bukhti said the spare parts for his car needed to be collected at Aeon and all three went there in the car.

It was also revealed during the trial that Bukhti received a call from a man identified as “Boy” saying he was at the car park to deliver the parts.

However, upon arrival, a police party searched the car and found the drugs concealed in the rear passenger seat.

Nasfy said Bukhti’s appeal was dismissed as evidence revealed that he was in custody and in control of the borrowed vehicle a month before the incident.

“The defence also did not challenge the car owner about the drug found in the car,” he said.

Rafique Rashid Ali and Fahmi Abdul Moin appeared for the three men, and deputy public prosecutor How May Ling prosecuted.