IPOH: The High Court here has discharged and acquitted a 52-year-old oil palm plantation worker of two charges of trafficking 77,744.8g of methamphetamine five years ago.
Justice Datuk Abdul Wahab Mohamed ruled that the prosecution had failed to establish a prima facie case against the accused, Leong Hoi Aw, who was not called to enter his defence.
However, trader Liew Wan Wah, 46, who was jointly charged with Leong, was ordered to enter his defence.
According to the facts of the case, Liew was driving a sedan while Leong was seated in the rear passenger seat when they were stopped at a roadblock near the Gopeng Toll Plaza at about 7.30pm on June 23, 2021.
The court informed Liew that he had three options: to remain silent; to give unsworn evidence from the dock without being cross-examined; or to testify under oath from the witness stand, subject to cross-examination by the prosecution.
Liew’s counsel, P. Ravee, told the court that his client would testify under oath from the witness stand.
Leong was represented by lawyer Charan Singh, while Deputy Public Prosecutor Yasinnisa Begam Seeni Mohideen appeared for the prosecution.
A search of the vehicle led to the discovery of 111 green Chinese tea packets labelled “Guanyin Wang” and six similar packets labelled “Da Guan Yin” in the boot, believed to contain 74,477.8g of methamphetamine.
Further checks at about 2am on June 24, 2021, uncovered another six green “Guanyin Wang” tea packets in the spare tyre compartment, containing about 3,267g of methamphetamine.
Both men were charged under Section 39B(1)(a) of the Dangerous Drugs Act, punishable under Section 39B(2) of the same Act, read together with Section 34 of the Penal Code.
In his judgment, Justice Abdul Wahab said Liew, as the driver and owner of the vehicle, was aware of the contents of the car, including the drugs found inside.
However, the court found that Leong, who was seated in the rear passenger seat, did not know about the drugs.
The judge ruled that Leong had neither control nor custody of the drugs and was unaware of their presence.
He added that DNA evidence was insufficient to link Leong to the drugs discovered.
Liew is scheduled to enter his defence on April 22 and 23.
