Prosecution case fails, man cleared of drug trafficking charge

Prosecution case fails, man cleared of drug trafficking charge

High Court rules defence succeeded in raising reasonable doubts over access to the accused's room prior to a police raid.

The judicial commissioner found that the prosecution failed to prove a prima facie in the case. (Reuters pic)
KOTA BHARU:
A spare parts dealer was freed today of a drug trafficking charge, on which he could have been sentenced to death, when the court held that the case against him was not proven.

Judicial commissioner Abazafree Mohd Abbas ordered Wan Muhammad Azlan Wan Mahamod, 34, to be freed after finding the prosecution had failed to prove a prima facie case.

In the judgment, Abazafree said the court found that the defence succeeded in raising reasonable doubts over access to the accused’s room, the presence of other people in his (accused) residence, and the existence of a Proton Satria which belonged to another person at the location of the raid.

“The accused has made his defence with sworn testimony. In his testimony, from the early stage of the prosecution, a man, by the name of Harif Mohd Azmi, went to sleep in the accused’s room before the residence was raided by the police,” he said.

Wan Muhammad Azlan was charged with trafficking 342.3g of methamphetamine in a room in a house in Kampung Kepas, Jalan Banggol Jering, Pasir Mas, at about 4.10am on Sept 2, 2018.

The charge carries the death penalty or life imprisonment with a minimum of 15 strokes of the cane upon conviction.

The prosecution was conducted by deputy public prosecutor Norazlinawati Mohd Arshad, while the accused was represented by lawyer Ahmad Nizam Mohamed.

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