A three-member bench chaired by Justice Hanipah Farikullah said there was merit in the appeal brought by Rubanraaj Sandanasamy, 27, and his brother, Nagaraja, 35.

“Based on the evidence, the conviction is not safe as the trial judge failed to comply with Section 182A of the Criminal Procedure Code to properly consider the defence’s case.

“This amounts to a miscarriage of justice which warrants appellate court intervention,” said Hanipah, who sat with Justices Ahmad Nasfy Yasin and Lim Chong Fong.

Earlier, lawyer Affifuddin Ahmad Hafifi submitted that there was an insufficient appraisal of evidence by the trial judge with regard to the police reports and statutory declarations by the defence witnesses.

“The High Court judge cannot say the defence was a mere afterthought or bare denial.

“It is a grave misdirection by way of non-direction that occasions a substantial miscarriage of justice,” Affifuddin said.

The brothers, who were car repossessors, had been sentenced to death by the Shah Alam High Court on Feb 7, 2020 for trafficking 961gm of cannabis at Prima Bayu Apartment in Taman Bayu Perdana, Klang, on April 26, 2018.

Deputy public prosecutor Atiqah Abdul Karim submitted that they had a common intention to commit the crime and had custody and control of the drugs.

Atiqah said Rubanraaj’s conduct of guilt could be seen when he fled from the crime scene during the police raid.