Two brothers freed on drug trafficking charge, escape death sentence
GEORGE TOWN: Two brothers escaped the noose yesterday when they were acquitted and discharged for drug possession and trafficking.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh ordered B.Gopi and his younger brother, B.Sasitharan, to be freed after finding that the prosecution had failed to establish a prima facie case against the two siblings at the end of the prosecution’s case.
In his decision, Ahmad Shahrir said the court rejected the prosecution’s request to tender the recordings of statements was made at the stage of continue hearing.
He also said the case did not rely on investigation by the police, but a situation where the first accused (Gopi) took police to a car and then gave the police the drug ( in the car).
“The car owner was also not called to testify…based on a search by the Road Transport Department, the car is blue, the one brought to the court was grey...this was not mentioned by the prosecution,” he added.
Gopi, 32, and Sasitharan, 25, were jointly charged with trafficking in Heroin and Monoacetylmorphin, weighing 70.87gm and 42.12gm, respectively.
The charge, under Section 39B(1)(a) of the Dangerous Drugs Act and liable to be sentenced under Section 39B(2) of the same law, provides the death sentence , upon conviction.
Gopi, who is unemployed, and Sasi, who is a lorry attendant, were also charged with possession of 6.35gm of syabu under Section 12 (2) of the Dangerous Drugs Act, which provides an imprisonment for up to five years and whipping, if found guilty.
Both the offences were committed at at No 27, Lorong Kijang 25, Taman Seri Kijang , Bukit Mertajam here at 5 pm on Aug 2014.
Deputy public prosecutor Mohd Khalid Ab Karim prosecuted, while the two brothers were represented by lawyer Hussaini Abdul Rashid. — Bernama