IPOH, Jan 7 — The High Court has discharged and acquitted an oil palm estate worker without calling for his defence on two charges of trafficking more than 77kg of methamphetamine, dating back five years.
Judge Datuk Abdul Wahab Mohamed freed Leong Hoi Aw, 52, after the prosecution failed to establish a prima facie case against him.
He ruled that the prosecution had failed to prove the accused's intent to traffic the drugs, noting that he was merely a passenger and was unaware of the substantial quantity of drugs concealed in the vehicle's boot.
However, the Court ordered the first accused, businessman Liew Wan Wah, 45, to enter his defence on the same charges, setting April 22 and April 23 for the hearings.
In this case, it found that the prosecution had successfully proven the drugs were intended for distribution and that he was aware of their presence in the car.
“I am satisfied that the first accused transported the drugs in question, specifically 74,477.8g and 3,267.0g of methamphetamine, using the vehicle he was driving between locations, including to the scene of the offence.
“This establishes that the first accused was in possession of the drugs for trafficking,” Judge Abdul Wahab said.
Both men were accused of trafficking the said quantities of drugs at two locations: the entrance to the Gopeng Toll Plaza on the highway, before the toll payment counter; and at the Narcotics Crime Investigation Division Office of the Kampar district police headquarters. The offences are alleged to have occurred on June 23 and June 24, 2021.
They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952. The penalty under Section 39B(2) is either death or life imprisonment, plus a mandatory caning of no fewer than 15 strokes, upon conviction.
The prosecution was led by Deputy Public Prosecutor Yasinnisa Begam Seeni Mohideen. Leong and Liew were represented by lawyers Charan Singh Kartar Singh and P. Ravee, respectively.
