PUTRAJAYA: The Court of Appeal acquitted a self-employed man of drug trafficking involving 151.60g of methamphetamine on Wednesday (May 21).
A three-member bench, consisting of Justices Azman Abdullah, Azmi Ariffin and Noorin Badaruddin, allowed the appeal by Wan Mohd Efizan Wan Mohd Shamli to overturn his conviction and sentence for trafficking the drug.
Justice Azman, delivering the unanimous decision, said the conviction was deemed unsafe due to significant contradictions in the testimonies of prosecution witnesses regarding the drugs' location at the time of discovery.
Nonetheless, the court upheld Wan Mohd Efizan's conviction for possession of 28.69g of methamphetamine. He was sentenced to five years in prison and three strokes of the cane for the offence.
"We find that the element of possession has been proven," Justice Azman said, confirming Wan Mohd Efizan's conviction for possession, along with the prison sentence and caning.
On May 10 last year, the Shah Alam High Court sentenced Wan Mohd Efizan, 37, to 30 years in prison and 12 strokes of the cane for trafficking methamphetamine.
He was also sentenced to five years' jail and three strokes of the cane for possession of the drug.
The High Court ordered the sentences to run concurrently from the date of his arrest on May 2, 2020.
The offences were allegedly committed at a house in Taman Sri Bayu, Sungai Pelek, Sepang, Selangor, at about 10.30am on May 2, 2020.
Wan Mohd Efizan was represented by lawyers Ariff Azami Hussein and Nur'ain Shahiera Khalid, while Deputy Public Prosecutor Nik Mohd Fadli Nik Azlan appeared for the prosecution. – Bernama
