PUTRAJAYA: A self-employed man was acquitted and discharged by the Court of Appeal here on a charge of trafficking in 151.60 grammes of methamphetamine.
This followed a decision by a three-member bench comprising Justices Datuk Azman Abdullah, Datuk Azmi Ariffin and Datuk Noorin Badaruddin in allowing the appeal by Wan Mohd Efizan W. Mohd Shamli to set aside his conviction and sentence for trafficking the drug.
Justice Azman, who delivered the court’s unanimous decision, said Wan Mohd Efizan’s conviction was found to be unsafe due to material contradictions in the prosecution witnesses’ testimonies concerning the location of the drugs at the time they were discovered.
However, the court upheld Wan Mohd Efizan’s conviction for possession of 28.69 grams of methamphetamine. He will serve five years in prison and receive three strokes of the cane for the offence.
“We find that the element of possession has been proven,” said Justice Azman, adding that Wan Mohd Efizan’s conviction for possession of the drug and his prison sentence and whipping are upheld.
On May 10, last year, the Shah Alam High Court sentenced Wan Mohd Efizan, 37, to 30 years in prison and 12 strokes of the cane after finding him guilty of trafficking methamphetamine.
He was also sentenced to five years’ jail and three strokes of the cane for possession of the drug.
The High Court ordered Wan Mohd Efizan to serve the sentences concurrently from the date of his arrest on May 2, 2020.
The offences were allegedly committed at a house in Taman Sri Bayu, Sungai Pelek, Sepang, Selangor, at about 10.30 am on May 2, 2020.
Wan Mohd Efizan was represented by lawyers Ariff Azami Hussein and Nur’ain Shahiera Khalid (rpt Nur’ain Shahiera), while Deputy Public Prosecutor Nik Mohd Fadli Nik Azlan appeared for the prosecution.
