A housewife was freed from a 30-year sentence for drug trafficking after the Court of Appeal found a fatal flaw in the prosecution’s case.
PUTRAJAYA: A housewife wept with relief after the Court of Appeal acquitted and discharged her of trafficking 80.6 grammes of heroin and monoacetylmorphine.
A three-judge bench unanimously set aside Siti Aisyah Samdin’s conviction and 30-year prison sentence imposed by the Seremban High Court.
Justice Datuk Azman Abdullah, who led the bench, stated the prosecution’s failure to call the vehicle’s owner was a fatal flaw to its case.
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He noted the appellant had borrowed the vehicle and was arrested shortly afterwards.
Justice Azman said there was a misdirection regarding the exclusivity and control of the vehicle in the initial conviction.
Siti Aisyah, who turns 38 next month, was convicted and sentenced on July 24, 2024.
The alleged offence occurred in a BMW car at a parking area near TF Value-Mart KIP Mart in Seremban at 5.15 pm on August 12, 2020.
Case facts stated police detained Siti Aisyah, who was carrying a baby and appeared restless, during surveillance.
The mother of five testified she borrowed the car from her husband’s first wife to collect items in Semenyih.
She said she had stopped briefly to buy necessities for her six-month-old baby before her arrest.
She was represented by lawyers Paul Krishnaraja, Amy Chong and Virochean Stephan Soosai at the appeal.
Deputy Public Prosecutors Mohamed Aznin Mohamed Ariff and Mohd Zain Ibrahim appeared for the prosecution. – Bernama
