JOHOR BARU: A taxi driver charged with drug trafficking almost three years ago was freed yesterday after the High Court ruled that the prosecution had failed to prove a prima facie case against him.
Raja Kumar Moniandy, 46, was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 with trafficking in 1432.69gm of cannabis on Jan 16, 2003, about 9am at a house in Taman Skudai Baru.
Justice Syed Ahmad Helmy Syed Ahmad said the prosecution had failed to prove that the accused was in exclusive possession of the drugs.
This was because when the drugs were found – in a drawer in the kitchen and in a room on the second floor – the accused was in the house together with his wife and children.
When Syed Ahmad Helmy announced the decision, Raja Kumar appeared relieved.
His youngest daughter Durgadewi, 11, who was sitting in the public gallery, couldn't contain her happiness and squealed in delight.
His wife C. Kaneswari and his sons Thibanraj, 16, and Devaraj, 13, became teary-eyed when they heard the judge’s decision.
Durgadewi said outside the court that she was very happy that her father was now a free man and she could not wait to spend time with him.
“I missed my father very much. Now we are together again,” said Durgadewi.
Raja Kumar said he and his wife had been praying every day for his release.
He added that no words could describe how happy he felt at being reunited with his family.
Deputy Public Prosecutor Jean Sharmila Jesudason prosecuted while lawyer Gobind Singh Deo appeared for the defence.