PUTRAJAYA: The Court of Appeal today overturned the conviction of a school dropout for trafficking 2.3 kg of methamphetamine as a teenager five years ago and ordered his release from the correctional facility where he was serving his sentence.
A three-judge panel comprising Justices Datuk Che Mohd Ruzima Ghazali, Datuk Azman Abdullah, and Mohamed Zaini Mazlan ruled that the defence had cast a reasonable doubt on the prosecution’s case.
He said the teenager, who was 15 at the time, had entered his defence at the prosecution’s stage, which was not an afterthought or bare denial.
The panel had allowed the teenager’s appeal to overturn a High Court’s decision that he be held under the pleasure of the Yang-di Pertuan Agong, instead of the mandatory death penalty for the offence.
Justice Che Mohd Ruzima said there was direct trafficking under Section 2 of the Dangerous Drugs Act 1952, which created a presumption that the appellant had to rebut, in which he succeeded.
He said the appellant, now 20, had, on the balance of probabilities successfully rebutted the presumption through his own evidence and the testimony of two other defence witnesses.
The teenager was found guilty by the High Court in 2022 for the drug trafficking offence he was accused of committing at Jalan Lorong 1/77A, Imbi, Dang Wangi, Kuala Lumpur at 9.20 pm on Oct 24, 2019.
He was ordered to be held at the pleasure of the Yang-di Pertuan Agong under Section 97 of the Child Act 2001, and placed at a correctional centre in Selangor due to being under 21.
During today’s proceedings, deputy public prosecutor Mohd Fairuz Johari told the court that the raid was carried out based on a public tip-off.
He said the police had observed the teenager for about 10 minutes before his arrest, during which he was carrying a plastic bag containing the drugs.
Lawyer Maizatul Zamrina Karizaman submitted that the teenager had only momentarily possessed the bag, and was unaware of its content.
She said the appellant was instructed by his uncle to deliver the bag to a man who was waiting across the road when he was arrested by police.
