PUTRAJAYA: The Court of Appeal has set aside drug trafficking convictions and 30-year sentences of two accused and remitted their case back to the High Court for a full retrial.
A three-member bench comprising Justices Datuk Azmi Ariffin, Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid ruled the original trial a nullity after finding that one accused had been represented by an unauthorised person.
Delivering the court's decision, Justice Azmi said the individual who represented Mohd Najmi Abd Rahim had no legal standing under the Legal Profession Act 1976, yet played an active role as defence counsel in the trial.
He said the trial's integrity was fundamentally compromised as the accused was represented by a "bogus counsel", rendering the entire proceeding a nullity.
"The issue before the court is not about competency, but about the legality of the representation itself," he said on Tuesday (Feb 3).
Consequently, Justice Azmi held that the convictions and sentences against Muhammad Zarif Mohd Noor Ajala and Mohd Najmi were to be set aside and the case remitted to the Seremban High Court for retrial.
He fixed Feb 24 for a case mention at the Seremban High Court and issued warrants of remand for both appellants pending the new trial.
On Aug 18, 2023, the High Court had convicted Muhammad Zarif, 48, and Mohd Najmi, 38, of trafficking 768.9g of methamphetamine, sentencing each to 30 years' imprisonment and 12 strokes of the cane.
According to the charge sheet, the offence was committed at a fast-food outlet along Persiaran Pusat Bandar Nilai, Negri Sembilan, at 3.45pm on Sept 18, 2018.
Mohd Najmi was also sentenced to a further two years' imprisonment and three strokes of the cane for possessing 13.11g of the same drug at the same place, date and time, with the sentences to run concurrently.
During proceedings, Mohd Najmi's counsel, R. Palaya, sought to adduce fresh evidence. He submitted that he had only discovered his client's previous representative was not a legally qualified practitioner after that individual's arrest.
He added that the individual was subsequently charged and fined last year for three offences, including a breach of the Legal Profession Act 1976.
Deputy Public Prosecutor Abdul Malik Ayob, however, submitted that other qualified counsel had also represented Mohd Najmi during the High Court trial.
Muhammad Zarif's lawyer, Goh Cia Yee, supported Palaya's application for a retrial. – Bernama
