Car wash operator freed of drug possession, trafficking charges
JOHOR BAHRU: The High Court here Thursday acquitted and discharged a car wash centre operator on charges of trafficking and possessing more than 2.78 kilogrammes of drugs.
Judicial Commissioner Noor Hayati Mat ordered Mohamad Faez Moktar, 33, to be set free after finding that the prosecution failed to prove a prima facie case against him at the end of the prosecution’s case.
In the judgement, Noor Hayati said the prosecution failed to prove the element of possession with knowledge of the drugs against the accused.
“In my assessment, the house in Horizon Hill, even if he (accused) lives there, it is not occupied by him alone. No observation or monitoring was made to prove that the accused went or left the Horizon Hill house on the day of the drug raid.
“Since the drugs were found in the house in Horizon Hills and the key was said to have been seized from the accused at the Ramada Hotel, then the evidence of this key will form the narrative of the prosecution’s case which is important to link the accused to the Horizon house.
The deficiency in the way it was presented has affected the prosecution’s case. Therefore, the accused is acquitted and discharged without having to defend himself,” said Noor Hayati.
Mohamad Faez was charged with trafficking about 2.4 kg of Cannabis and 338.59 grammes of Methamphetamine at Horizon Hills, Iskandar Puteri at about 4.30 pm on Dec 30, 2020.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which provides the death penalty upon conviction.
He was also charged under Section 30(3) of the Poisons Act 1952 with possession of 1.97grammes of Etizolam at the same location and time.
The prosecution was conducted by deputy public prosecutor Siti Norliza Abdullah, while Mohamad Faez was represented by lawyer, Mohd Daud Ismail.
Meanwhile, in another case, Noor Hayati ordered a couple, Teng Wei Xiong, 25, and his girlfriend, Chai Ying, 21, to enter their defence on three counts of trafficking 248.68 grammes of drugs in 2020 after finding that the prosecution had succeeded in establishing a prima facie case against them.
On the first count, the lovebirds were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, with trafficking 112 grammes of methamphetamine in a room in Jalan Rusa 3, here at 9 pm on May 5, 2020.
They face the death penalty or life imprisonment if found guilty.
For the second and third count, they were charged with possessing 121.23 grams of cannabis and 15.45 grams of methylenedioxymethamphetamine (MDMA), respectively, at the same place and time.
The charges were framed under Section 6 of the Dangerous Drugs Act 1952 which provides a prison sentence of five years to life and whipping upon conviction.
The court set May 20 and 21 for the defence trial.
The prosecution was handled by the Deputy Public Prosecutor, Siti Norliza Abdullah, while Teng and Chai were represented by lawyers Muhammad Abd Kadir and Mohd. Daud Ismail.