PUTRAJAYA, May 22 — The Court of Appeal has acquitted and discharged three friends who were previously convicted of trafficking 71.5g of heroin and monoacetylmorphines.
A three-judge panel led by Justice Datuk Che Mohd Ruzima Ghazali allowed the appeals by Mashitah Abdullah, Siti Wan Noorzulaikha Yusof, and Muhammad Luqman Ramli, setting aside their convictions and sentences imposed by the High Court.
Justice Ruzima said the convictions were unsafe for the appellate court to affirm, as the prosecution had failed to establish a common intention among the appellants to commit the offence.
“We find there is a gap in the prosecution’s case as they failed to conclusively prove the existence of custody and control of the bag containing the drugs,” she said, presiding with Justices Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid.
Justice Ruzima also gave a word of reminder to the trio.
“You have spent your youths in prison. Be careful with what you do and do not let yourself be used by irresponsible people for their own interests,” he told them.
The courtroom was filled with emotional scenes as family members seated in the public gallery erupted in joy following the announcement of the verdict.
Mashitah, who will turn 30 in three days' time, Siti Wan Noorzulaikha, 26, and Muhammad Luqman, 27, were previously found guilty by the High Court on January 31 last year, for trafficking 15.9g of heroin and 55.6 grammes of monoacetylmorphines.
They allegedly committed the offence at the pedestrian walkway of the Kuah ferry terminal in Langkawi, Kedah, at 3.30pm on June 5, 2017.
The High Court had sentenced all three to 30 years in prison, with Luqman also ordered to receive 12 strokes of the cane.
According to the case facts, a team of police officers conducting surveillance at the terminal detained Luqman, holding the right handle of a clothing bag while Noorzulaikha was holding the left handle, and Mashitah was walking with them.
Lawyers Ahmad Zaharil Muhaiyar and Nurul Syamimi Norazlan represented the women while counsel Datuk Naran Singh represented Luqman. Deputy Public Prosecutor Roshan Karthi Kayan appeared for the prosecution.
— Bernama
