KOTA BARU: A married couple escaped the death penalty after the High Court on Thursday (Sept 24) acquitted and discharged them of a drug trafficking charge filed four years ago.
Judicial Commissioner Azhar Mokhtar made the ruling after finding that the prosecution had failed to establish a prima facie case against both accused, Syed Mohamad Haizat Syed Hassan, 32, and his wife, Nurul Syahira Zakaria, 30.
They were accused of having jointly trafficked 81.77gm of methamphetamine on March 20, 2022, at an unnumbered house at Batu 19, Jalan Bachok, Kampung Badak, Bachok.
The charge was brought under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234), read together with Section 34 of the Penal Code, which provides for the death penalty or life imprisonment and not less than 15 strokes of the cane, if the death penalty is not imposed.
In his judgment, Azhar said the court had, among other things, taken into account that anyone could access the couple's house through the door and openings in the upper section, as well as through the kitchen.
He said DNA test results on the jacket covering the packet of drugs, as well as fingerprint tests on the packet, did not link either accused to the drugs found in a motorcycle basket in the kitchen of the house.
During the proceedings, the court was also told that three workers at a nearby carwash frequently used the toilet at the couple's house.
The three individuals were said to have been detained by police before the married couple, but were subsequently released. - Bernama
