By Dorcas Ting
KUCHING, March 18: Two men escaped the gallows when the High Court here discharged and acquitted them of the charge of trafficking 200.7 grammes of cannabis.
Yusfairwan Yusuf, 30 and Khairul Irfanizzan Julai, 25 were charged together under Section 39B(1)(a) of the Dangerous Drugs Act (DDA) 1952 and punishable under subsection 39B(2) of the same Act and read together with Section 34 of the Penal Code.
If found guilty, they face the death sentence or imprisonment for life and whipping of not less than 15 strokes.
High Court Judge Azhahari Kamal Ramli had ruled that the prosecution had failed to prove a prima facie case against both accused as regard to the charge under Section 39B of the DDA 1952. However ordered Yusfairwan to enter his defence to the charge under Section 12(1) of the DDA 1952 to the charge of possessing 0.94 grammes of ketamine.
Justice Azhahari averred that in order to prove possession, the prosecution must establish both accused have custody, control and knowledge as regard to the impugned drugs and thereafter trafficking by invoking the presumption clause.
In this case, the third witness called by the prosecution, Siti Noor Ruheina Maseli, who is also the wife of Yusfairwan, had testified that the car belonged to her father and informed the Court that Yusfairwan worked as a runner and had used the said car to deliver goods.
In Justice Azhahari’s ruling today, the Court also mentioned that the car was accessible to other family members who also used the said car. Siti Noor also mentioned that there were other plain shopping plastic bags seen inside the said car on the floor of the passenger seat on Feb 4, 2020.
In this aspect, the Court ruled that the prosecution had failed to prove possession before invoking further on the presumption of the trafficking and therefore discharged and acquitted both accused for the offence under Section 39B of DDA 1952.
In the re-amended charge, both accused were found trafficking 200.7 grammes of cannabis, at the roadside in front of Food Haven, Jalan Bukit Mata, at about 11.15pm on Feb 6, 2020.
The prosecution had called eight witnesses in order to prove a prima facie case against both accused.
According to the facts of the case, a police team led by Inspector Thomas Untol conducted an operation at the roadside adjacent to Food Haven where they detained two male persons who were inside a silver Perodua Axia.
Both accused were asked to stand outside the car and thereafter the police proceeded to conduct a search and found the impugned drug in one brown paper bag on the floor of the front passenger seat and inside the brown paper page.
Deputy Public Prosecutor Michelle Lim Wan Chen prosecuted while Yusfairwan Yusuf was represented by Counsel Roy Angau Gingkoi and Christopher Bada and Khairul Irfanizzan Julai was represented by Counsel Major Osman Ibrahim, Nur Atiqah Kulah, Sapuan Ahmad and Nur Shazwani. — DayakDaily
