
Judicial Commissioner Hasbullah Adam, who acquitted Lim Kim Sang, 35, without his defence being called, said the prosecution had failed to establish a prima facie case despite calling 11 witnesses.
He said there was doubt about whether Lim had exclusive access to the house and the drugs.
According to Hasbullah, a neighbour had given evidence that he had seen Lim and other people in the house a few weeks before a police party had taken Lim to the house and discovered the drugs.
Hasbullah said the lights in the house had been on and several policemen were already in the premises before Lim was escorted in.
“An inference could be made that the drugs were already in the house,” he said.
Hasbullah noted that the arresting officer had told the court he did not seize the key to the house. However, the raiding officer testified that the investigating officer had given him the key to the premises.
Hasbullah said this was a material contradiction.
“The key to the house went missing and was also never tendered as evidence in court,” he said, adding that there was also negligence by the investigating officer in safeguarding the evidence, that is, the key to the house.
Lim was charged with four counts of trafficking in 673.1gm of heroin and monoacetylmorphine, 14.7kg of methamphetamine, 2.1kg of methylenedioxymethamphetamine, and 134.9gm of ketamine.
The offences were allegedly committed at a house in Jalan Sunway, Taman Sunway Cheras, in Selangor on March 3, 2018.
Deputy public prosecutor Nur Zatil Hidayah Ali conducted the prosecution while lawyers T Harpal Singh, Y Sheelan Samuagam and Nadia Syaza represented Lim.