Zulkifli (middle) with his counsels Jhasarry (right) and Lo.
TAWAU: A 39-year-old Indonesian man was acquitted of a charge for trafficking 748.69 grams of methamphetamine (syabu) by the High Court here on Wednesday.
High Court judge Dr Hj Alwi Hj Abdul Wahab acquitted Zulkifli bin Ahamad who was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under Section 39B(2) of the same Act which carries the death penalty upon conviction.
April 28 was fixed for decision for the accused who claimed trial to the charge of trafficking 748.69 grams of methamphetamine on October 2, 2017, at about 3.30pm at the seaport area of Tawau Port.
In his judgement, judge Dr Hj Alwi said in the absence of any photographs showing the actual number of packages recovered at the crime scene, there was nothing to support the evidence of witness and the evidence on the exact number of packages is also important to rebut the allegation of the exhibits being tempered with.
Based on the reason, the judge viewed that the prosecution has failed to make out a prima facie case at the conclusion of the prosecution’s case. The accused was therefore acquitted and discharged.
Deputy Public Prosecutor Hurman Hussain prosecuted the case while the accused was defended by leading counsel Jhasarry Kang and assistant counsel Lo Yi Fui.
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