A plantation worker is freed from drug trafficking charges while a businessman is ordered to enter his defence over 77kg of methamphetamine seized in 2021.
IPOH: The High Court here today discharged and acquitted an oil palm estate worker without calling for his defence on two charges of trafficking more than 77 kilogrammes of methamphetamine.
Judge Datuk Abdul Wahab Mohamed freed Leong Hoi Aw, 52, after the prosecution failed to establish a prima facie case against him.
The judge ruled the prosecution failed to prove Leong’s intent to traffic the drugs.
He noted Leong 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.
Hearing dates have been set for April 22 and 23.
The court found the prosecution had successfully proven the drugs were intended for distribution and that Liew was aware of their presence in the car.
“I am satisfied that the first accused transported the drugs in question, specifically 74,477.8 grammes and 3,267.0 grammes of methamphetamine, using the vehicle he was driving,” Judge Abdul Wahab said.
“This establishes that the first accused was in possession of the drugs for trafficking.”
Both men were accused of trafficking the drugs at two locations on June 23 and 24, 2021.
The locations were the entrance to the Gopeng Toll Plaza and the Narcotics Crime Investigation Division office in Kampar.
They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries a mandatory death sentence or life imprisonment and caning 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.
