By Dorcas Ting
KUCHING, Jan 11: A jobless man escaped the gallows after the Kuching High Court found that the prosecution had failed to prove a prima facie case and discharged and acquitted the accused.
Razif Hanif Abdul Rahim, was charged under Section 39B(1) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, which carries a death sentence or imprisonment for life and 15 strokes of the cane, upon conviction.
He was accused of trafficking 395.90 grammes of cannabis stored in the kitchen ceiling of a house in Jalan Haji Kassan, at about 8.30pm on June 17, 2019.
The prosecution led by DPP Ronie Entili had called eight witnesses in order to prove a prima facie case against the accused.
However, High Court Judge Alwi Abdul Wahab today ruled that the prosecution had failed to prove a prima facie case with regards to the ingredients and possession of the offence as charged.
Alwi ruled that the kitchen area of the house was easily accessible by other occupants of the house and visitors or friends of the accused who frequented the house and it was in evidence the two doors at the back of the house was never locked as the door knobs had been damaged.
Therefore, under the circumstances, there is reasonable doubt on the prosecution’s case and it is not safe to call for defence against the accused. Thus, the accused was acquitted and discharged.
The accused is represented by counsels Osman Ibrahim, Roger Chin and Nursyaheeqa Nazwa Radzali. — DayakDaily
