KOTA BHARU, April 21 — A cattle farmer and his assistant were acquitted and discharged by the High Court today of three charges of trafficking methamphetamine and heroin and possessing a firearm.
Judge Datuk Mohamad Abazafree Mohd Abbas acquitted Wan Marzuki Wan Daud, 59, and Naim Azmi, 37, of the charges after finding that the prosecution failed to establish a prima facie case against them at the end of its case.
In delivering the judgment, he said several issues were considered, including evidence related to deoxyribonucleic acid (DNA), house keys, and the ownership of a vehicle parked in front of the house Marzuki rented.
“Various DNA samples were also taken, but there was no evidence that their DNA was found on the drugs or firearm.
“Therefore, the court acquits and discharges both the accused without calling them to enter their defence,” Abazafree said.
According to the first and second charges, they were jointly accused of trafficking 749.5g of methamphetamine and 87.8g of heroin at a house in Taman Pinggiran Atira 3, behind Sekolah Menengah Kok Lanas, Mahang Barat, at 12.50am on February 25, 2019.
The charges were framed under Section 39B (1) (a) of the Dangerous Drugs Act 1952, which carries a penalty under Section 39B (2) of death or life imprisonment and 15 strokes of the cane if convicted.
They were also jointly accused of possessing a revolver at the same place and date at 12.10 am under Section 8 of the Firearms (Increased Penalty) Act 1971.
Deputy Public Prosecutor Aida Fatimah Abd Jabar led the prosecution, while lawyers J. Matthews and Norah Abu Bakar appeared for Wan Marzuki and Naim, respectively.
— Bernama
