A former polytechnic student breathed a sigh of relief after the High Court here on Friday discharged and acquitted him of a charge of trafficking 3.4 kilograms of cannabis two years ago.
Judge Datuk Azhar Abdul Hamid made the decision after the prosecution failed to establish a prima facie case against 23-year-old Harith Izzuddin Mohd Hanizam at the close of the prosecution’s case.
In delivering his judgment, Azhar said the court found reliance by the prosecution on the testimony of prosecution witness four (SP4), the complainant who was also a police officer, to prove the element of possession.
He said the witness’s testimony was doubtful as he was not truthful about events that took place after the accused and the drugs were brought to the police station.
The judge noted that the complainant claimed he remained at the police station throughout the interrogation of the accused, but evidence from the investigating officer in the police report submitted by the defence showed otherwise.
“I find that prosecution witness four is not a credible witness. Therefore, the prosecution has failed to prove the element of possession.
“Without proving this element, the presumption of trafficking does not apply, and in this case there is no direct evidence to establish that trafficking occurred,” he said.
As a result, the court ruled that the prosecution had failed to establish a prima facie case.
Under the charge, Harith Izzuddin was accused of trafficking dangerous drugs, namely cannabis weighing 3.4 kilograms, at a hotel lobby area along Jalan Kuching, Sentul on 26 February 2024.
The charge was framed under Section 39B(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, which provides for the death penalty or life imprisonment, and not less than 12 strokes of the cane, upon conviction.
