Brothers rejoice after being freed of drug possession and trafficking charges.
GEORGE TOWN: Smiles and tears of joy filled a courtroom when two brothers were acquitted and discharged of drug possession and trafficking charges due to technicalities in the case.
Unemployed B. Gopi, 32, and lorry driver B. Sasitharan, 25, smiled and thanked their lawyer as family members teared up after High Court Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh meted out the judgement.
JC Ahmad Shahrir said the prosecution had failed to prove a prima facie case against the siblings.
“The prosecution did not prove that the contents of the car belonged to the defendant (Gopi) although he led them to the car.
“They also did not produce the brother who owned the car in court.
“He had knowledge of the drugs but there is not enough evidence to show possession.
“It is not uncommon for siblings to share things but it does not mean what was found belonged to the accused,” he said yesterday.
JC Ahmad Shahrir then said two other people, who were also caught during the incident, were not produced in court as witnesses.
“The prosecution has failed to prove and provide sufficient and satisfactory efforts to produce key witnesses,” he said.
Gopi and Sasitharan were represented by Hussaini Abdul Rashid. DPP Mohammad Khalid Ab Karim prosecuted.
The brothers were earlier accused of trafficking 42.14 g of heroin and mono ace tylmorphines at a house in Taman Seri Kijang, Bukit Mertajam, Seberang Prai at about 5pm on Aug 1, 2014.
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, carries the mandatory death penalty upon conviction.
The duo were also charged with possessing 6.35g of methamphetamine at the same location.
Gopi was also acquitted and discharged of a separate charge of trafficking 70.87g of heroin and mono ace tyl morphines, found in a car at the same location and time.