Indonesian acquitted of drug trafficking on appeal
An Indonesian man will be able to spend the fasting month and celebrate Hari Raya with his family after the High Court here yesterday set aside his death sentence and freed him from a charge of syabu trafficking three years ago.
Justice Datuk Vernon Ong Lam Kiat, who sat together with Justices Datuk Yaacob Haji Md Sam and Datuk Yew Jen Kie unanimously acquitted and discharged Kaharuddin Abdul Halim after allowing his appeal against the conviction and sentence.
The court ruled that having considered the submissions and evidence on the appeal record, their unanimous findings were that no direct evidence to connect the appellant to the drugs found in the jacket.
“The finding of the trial judge was based on presumption and not direct evidence. Therefore the conviction is not safe; the appeal is allowed where conviction and sentence set aside,” the court held.
“Kamu dibebaskan dan dilepaskan (You are acquitted and discharged),” explained one of the judges to the appellant.
The appellant who heard that immediately put both his palms to his face as a sign of gratitude to God on the court's decision.
Earlier, counsel Jhasarry P. Kang, who represented the appellant, argued among others that the trial judge had erred in law and fact when he failed to exercise a maximum evaluation as there was no direct evidence and positive finding that the appellant had custody, control and knowledge of the impugned drugs in the jacket.
The counsel also argued that in fact the trial judge only made a finding that the jacket belonged to the appellant where this finding was based on presumption that the appellant was aware of the impugned drugs in the jacket.
The appellant was sentenced to death after he was found guilty of trafficking in 113.25 grams of syabu at a room of a lodging house along Jalan Masjid in Tawau on June 18, 2016.
The alleged offence was framed under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which carries the mandatory death penalty, upon conviction.