Lorry driver freed after 4 years on remand over drug trafficking charge
The Kota Bharu High Court said a third party identified as ‘Kay’ had been seen with the accused shortly before the arrest.
PETALING JAYA: A lorry driver who had been on remand for more than four years was acquitted and discharged by the High Court in Kota Bharu on two drug-related charges.
Justice Rosli Yusoff made the ruling at the end of the prosecution’s case after finding that it had failed to establish a prima facie case against Maizal Yusmawi Yusoff, 45.
Maizal had been on remand since his arrest on April 24, 2022.
He was first charged with trafficking 748.2g of methamphetamine at about 10.30pm on April 24, 2022 by the roadside in front of the Tadika Cilik Unggul building on Jalan Cempaka, Tumpat, Kelantan.
He also faced a second charge of using amphetamine and methamphetamine at about 1am the next day at the narcotics criminal investigation department office at the Tumpat police headquarters.
The charges were framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and Section 15(1)(a) of the same Act, respectively.
In his judgment, Rosli said evidence from the arresting officer was consistent with testimony from a motorcycle owner, who said a third party identified as “Kay” had been seen with Maizal shortly before the arrest and was holding the bag containing the drugs.
He said the prosecution had failed to prove that Maizal had possession or control of the drugs found in the motorcycle basket.
On the second charge, Rosli said the prosecution had failed to call the key witnesses involved in taking Maizal’s urine sample, which was necessary to establish that there had been no break in the chain of evidence.
He also found that the delay in sending the sample for analysis raised the possibility of contamination.
The prosecution was conducted by deputy public prosecutor Nor Hazimah Ghazali, while Maizal was represented by lawyers Geethan Ram Vincent and Lavinia Raja.
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