By Dorcas Ting
KUCHING, March 24: The High Court here discharged and acquitted an information technology (IT) officer at an institution charged with the alleged trafficking of over 1kg of cannabis in 2018.
High Court Judge Datuk Christopher Chin today discharged and acquitted 40-year-old Hazlan Salleh Baihaki after hearing the accused’s sworn testimony in court.
The accused was initially charged with three charges. The High Court discharged and acquitted the first and second charges on April 15, 2020.
Today, Justice Christopher ruled that the prosecution had failed to prove their case beyond reasonable doubt for the third charge.
According to the third charge, Hazlan allegedly trafficked 1154.17 grams of cannabis into the women’s toilet’s ceiling on the second floor of the institution at Jalan Nanas at about 10.10pm on August 20, 2018.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act, which carries a death sentence for imprisonment for life and with whipping upon conviction.
Among the other reasons the accused was discharged and acquitted was because the toilet key used to open the said toilet was never found on Hazlan, and the key was never listed in the search list prepared by the police.
Also, other people had access to the said toilet where the drugs were found. The prosecution’s witness testimony, including the police, is tainted with doubts.
For the first two charges, he allegedly trafficked 986 grams of cannabis and possessed 17.10 grams of cannabis in front of a post office at Jalan Song at about 5.45pm on August 20, 2018.
He was charged under Section 39(B)(1)(a) of the Dangerous Drugs Act 1952 and punishable under subsection 39B(2) of the same Act for drugs trafficking, which carries a death sentence or imprisonment for life and with whipping, upon conviction.
He was also charged under Section 6 of the Dangerous Drugs Act 1952 and punishable under section 6 of the same Act for possessing cannabis, which carries imprisonment not exceeding five years or a fine not exceeding RM 25,000, or with both, upon conviction.
On April 15, 2020, High Court Judge Christopher Chin Soo Yin ruled that the prosecution had failed to prove a prima facie case and therefore acquitted and discharged the respondent.
Deputy Public Prosecutor Yong Sui Hui appeared for the prosecution while the accused was represented by counsels Osman Ibrahim, Roger Chin, Nur Atiqah and Ernice Natasha. — DayakDaily
