Man with multiple drug charges escapes gallows
MELAKA: A metal workshop owner escaped the gallows yesterday when the Ayer Keroh High Court acquitted him of drug trafficking charges.
Judge Datuk Siti Khadijah S. Hassan Badjenid in her judgment said the prosecution failed to establish a prima facie case against Hemy Faizal Mohtar, 36.
For the first charge, Hemy was accused of trafficking 87.95g of methamphetamine at a metal workshop in Kampung Sungai Putat about 3am on June 25, 2016.
He was 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.
For the second offence, he was charged with trafficking 3.65g of heroin under Section 12(2) of the same act, which carries a maximum penalty of five years’ jail and nine strokes of the rotan. For the third charge, Hemy was accused of having 0.16g of monoacetylmorphine under Section 12(2) of the Dangerous Drugs Act 1952, punishable under Section 12(3) of the same act, which carries a maximum penalty of RM100,000 fine and five years’ jail.
He allegedly committed the offence for the second and third charge at the same time, date and place.
For the fourth charge, Hemy was accused of having 1.3g of methamphetamine at a house in Jalan Tembusu, Taman Merdeka, at 2.15am on June 25, 2016.
The charge was framed under Section 12(2)(a) of the Dangerous Drugs Act 1952 and punishable under Section 12(3) of the same act.
For the last offence, the court ordered the accused to pay RM30,000 fine in default 18 months’ jail.
The court also sentenced the accused to a three-year jail term from the date of arrest on June 25, 2016.
Siti Khadijah said the defence had succeeded in raising reasonable doubt against the prosecution’s case.
“However, the accused has failed to do so for the fourth charge. The court hereby grants a discharge not amounting to an acquittal for the accused who was found guilty of the fourth offence,” she said.
Thirteen witnesses were called to testify in the trial, which began in December 2016.
Prosecution was conducted by deputy public prosecutor Muzila Mohamed Arsad while the accused was represented by lawyer Haslinda Abu Bakar. The accused’s family members, including his wife and two children, aged 5 and 6, were present at the court.