Two youths freed on drug trafficking charge

SHAH ALAM: It was a Ramadan blessing for Faris Shah Onn and Mohammad Kyle Iman Noor Azman when the High Court here acquitted and discharged them from a two year old drug trafficking charge.
Justice Ghazali Cha ruled that the prosecution had failed to prove a prima facie case against them.
"It is sufficient to say that the prosecution had failed to prove a prima facie case at the end of the prosecution's case. Both the accused are acquitted and discharged," he said when delivering his sentence.
He added that although the bag containing 3836g of cannabis was found in the Myvi the duo were in, the failure to apprehend the driver who was in the car at the time of the incident, mentioned as Mohd Arif, brings forth all kinds of questions.
"The failure to call the driver of the Myvi, Mohd Arif, as witness further weakened the case of the prosecution. The prosecution's efforts to trace and locate the witness were insufficient and done too late despite having one year and nine months to do so," he said.
The drugs were found in a Puma bag in the car, but no fingerprints or DNA of the accused where located on the bag, the judge said.
"No documents or any other personal belongings were located either."
Based on the charge sheet, Faris 25, and Mohammad Kyle, 25, who were students at a private education institution, were charged with trafficking 3836g of cannabis at Jalan PJS 11/7, Lorong Nadayu, Bandar Sunway on Aug 1, 2016 at 6.17pm.
They were charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952, which is punishable under Section 39B (2) of the same Act when read together with Section 34 of the Penal Code.
It provides the mandatory death sentence, upon conviction.
Deputy public prosecutor T. Deepa Nair prosecuted, while Faris was represented by lawyer Datuk Kamarul Hisham Kamaruddin and Muhammad Kyle was represented by Datuk N. Sivananthan.