PUTRAJAYA, Feb 28 — Two mechanics who accompanied an online businessman in a car to buy car spare parts escaped the gallows today on a charge of trafficking in 971.6 grammes of methamphetamine.
A three-member bench of the Court of Appeal led by Justice Datuk Hanipah Farikullah acquitted and discharged Saiful Adly Zakaria, 40, and Azrul Alias, 36, on the charge after allowing their appeals.
Justice Datuk Wira Ahmad Nasfy Yasin, who delivered the court’s decision, ruled that the High Court erred in its findings that the duo had a common intention to commit the crime.
He said there was no pre-arranged plan to show that the two had the intention to traffick the drugs, adding that they were just passengers in the car.
He said the convictions of both men were unsafe.
The other judge presiding on the bench was Datuk Che Mohd Ruzima Ghazali.
The bench, meanwhile, upheld the conviction and death sentence of the online businessman, Mohd Bukhti Shukran Abdul Rahman, 37, for trafficking in the drugs.
In dismissing Mohd Bukhti’s appeal, Justice Ahmad Nasfy said evidence showed that he was in custody of the car for a month before the incident.
All three men were appealing against the August 16, 2019, Shah Alam High Court decision in convicting and sentencing them to death for trafficking in the drugs at the Aeon Big car park at Bukit Rimau in Shah Alam, Selangor at about 6.20 pm on August 7, 2017.
According to the facts of the case, Mohd Bukhti drove his car from Telok Panglima Garang in Kuala Selangor to a workshop in Bandar Sunway to repair his car.
In his evidence, Mohd Bukhti said he went to Aeon Big to meet a person known as “Boy” to collect spare parts for his car.
All three men went to the place in the car which was driven by Mohd Bukhti.
However, upon arrival, a police team searched the car and found a box containing the drug in the rear passenger seat.
Lawyers Muhammad Rafique Rashid Ali and Fahmi Abdul Moin acted for the three men, while deputy public prosecutor How May Ling appeared for the prosecution.
— Bernama
