JOHOR BARU: A former security officer escaped the gallows after the High Court here freed him of a drug trafficking charge.
Judicial Commissioner Datuk Abdul Fareed Abdul Gafoor said the prosecution had failed to establish a prima facie case against P. Kathiravan, 33.
He ruled that there were several discrepancies in the prosecution's case, including those concerning a motorcycle where the drugs were allegedly found.
"The existence of the motorcycle key was not mentioned in the raid report or search form. Instead, it was only recorded in the handover form.
"The motorcycle was neither investigated nor produced in court for examination.
"Its identity could not be verified, including whether the storage compartment beneath the seat actually existed, whether it could be opened using the key presented as evidence and whether it was capable of accommodating the exhibits," he said, adding that there were also inconsistencies in the location and colour of the motorcycle.
He said the prosecution failed to call witnesses to clarify the issues concerning the motorcycle, including the occupants of the house where the motorcycle was found.
He added that there was also no evidence to establish that the accused knew about the drugs allegedly kept inside the motorcycle.
"The prosecution failed to address the gaps in its case and dispel the doubts arising from the evidence presented.
"These failures raised reasonable doubt over the prosecution's case," he said.
The accused was previously charged under Section 39B(2) of the Dangerous Drugs Act 1952 with trafficking 715.24g of methamphetamine.
He was accused of committing the offence at Taman Rinting Masai on May 26, 2022.
He was represented by lawyers Mohd Daud Ismail and Hang Lee Ying, while the case was prosecuted by Edelynn Wong.
