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By Dorcas Ting
KUCHING, July 17: A couple accused of drug trafficking were acquitted and discharged, as the prosecution had failed to prove a prima facie case against the duo.
High Court Judge Azhahari Kamal Ramli ordered both the accused, Aslan Pardie, 37, and Julia Mohamed Edwin, 36, to be discharged and acquitted without calling their defence.
The prosecution called 12 witnesses against the duo but Justice Azhahari today ruled that the prosecution had failed to prove a prima facie case with regards to the element of custody, control and possession for the charge.
The court held that there was reasonable doubt, as Aslan was a businessman who sell bundle of clothes and employed workers who have access to the house and store room, where the drugs were recovered during a raid by the police.
They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, for trafficking 339.34 grams of Methamphetamine on Nov 8, 2018, at about 1.30pm, at a house located at Jalan Datuk Mohd Musa.
The offence is punishable under subsection 39B(2) of the same Act and to be read together with Section 34 of the Penal Code, which carries a death penalty or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of not less than 15 strokes.
DPP Haffiza Jemali prosecuted, while the duo were represented by Osman Ibrahim, RJ Noel and Fadzillah Osman. — DayakDaily