PUTRAJAYA: The Court of Appeal today acquitted and discharged three friends who were previously convicted of trafficking 71.5 grammes 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,” said Justice Ruzima, who presided with Justices Datuk Azizul Azmi Adnan and Datuk Ahmad Kamal Md Shahid.
The Court of Appeal judge (Justice Ruzima) also gave a word of reminder to the trio.
“You have spent your youth in prison, Be careful with what you do and don’t 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 Jan 31 last year, for trafficking 15.9 grammes 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 3.30 pm on June 5, 2017.
The High Court had sentenced all three to 30 years in prison, with Muhammad Luqman also ordered to receive 12 strokes of the cane.
According to the facts of the case, a team of police officers conducting surveillance at the terminal detained Muhammad Luqman, who was 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 Muhammad Luqman was represented by counsel Datuk Naran Singh. Deputy Public Prosecutor Roshan Karthi Kayan appeared for the prosecution.
