Three friends escape gallows, acquitted of drug trafficking
IPOH: Three friends escaped the death sentence after the High Court here discharged and acquitted them of drug trafficking yesterday.
Judicial commissioner Hayatul Akmal Abdul Aziz ruled that the prosecution had failed to prove a prima facie case against S. Mathavan, 33, S. Logeswaran, 34, and L. Keleman, 33.
The trio were seen wiping away their tears after Hayatul Akmal ordered their release.
For the first charge, they were jointly accused of trafficking 157.5g of heroin and 50.3g of monoacetylmorphine in a house at No. 13, Jalan Lahat Mines 15, Bandar Lahat Mines, Lahat, at 3pm on Feb 2, 2015.
For the second offence, they were jointly charged with trafficking 10g of heroin and 7.6g of monoacetylmorphine at the same location at 3pm on Feb 20, 2015.
For the third charge, they were jointly charged with trafficking 446.1g of methamphetamine at the same location at 3pm on Feb 20, 2015.
They were charged under Section 39(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same act, which carries the mandatory death penalty.
In her judgment, Hayatul Akmal said the defence had succeeded in raising reasonable doubt against the prosecution’s case.
“There are questions arising since the trio were not the only people who had access to the house. It raises inference to the accused and it is not safe to convict the accused.”
Thirteen witnesses and nine defence witnesses were called to testify during the trial.
The prosecution was conducted by deputy public prosecutor Maziyah Mansor.
Mathavan and Logeswaran were represented by Tan Sri Muhammad Shafee Abdullah, Tania Scivetti and Syazwan Mohd Zawawi. Kelemen was represented by Chagar Singh and Jagdave Singh.