SHAH ALAM: A Mongolian student walked free, while his girlfriend was ordered by the High Court here on Friday to enter her defence over accusations of trafficking heroin.
Justice Akhtar Tahir acquitted and discharged Barsbaatar Ganbold, 22, saying the prosecution had failed to establish a prima facie case against him.
However, Justice Akhtar ordered Zolzaya Natsagdorj, 26, to enter her defence on May 22, ruling there was reasonable evidence to infer her involvement with the drugs.
After being acquitted, Barsbaatar was allowed to leave the dock but remained in the courtroom, while the judge read out his judgment for Zolzaya's case.
Barsbaatar and Zolzaya, who are both final year students in different local colleges, had been charged with conspiring to traffic 278.6 grams of heroin and 85 grams of monoacetylmorphines in a rented house along Jalan SS15/2d, Subang Jaya at 1.30am, on Jan 26 last year.
In his grounds, Justice Akhtar found that Zolzaya did not deny knowing the contents of the bag, and had taken the effort to hide the bag containing the drugs.
"During the raid, Zolzaya appeared surprised and nervous. From her behaviour, a reasonable inference of knowledge can be found," said Justice Akhtar.
He added that the sheer amount of drugs found in the room rented by Zolzaya qualified it as drug trafficking.
Justice Akhtar ruled that Barsbaatar was merely a visitor to the room, and there lacked evidence linking him to knowledge or ownership of the drugs.
Deputy Public Prosecutor Iswa Tonie produced four witnesses for the prosecution in the trial.
Zolzaya was represented by Eugene Tan, while LA Gomez acted for Barsbaatar.
It is learnt that Zolzaya and her father will be testifying in her defence.