In the defence arguments, the accused, represented by Mohd Azhier Farhan bin Arisin, contended among other points that the raiding officer's testimony regarding the accused's own admission and retrieval of the drugs hidden in the back of the car after being read the cautionary words under section 37B (1) (b) of the Dangerous Drugs Act 1952 was implausible. This skepticism arose partly because the raiding officer, upon cross-examination by Azhier, could not recall and recite the cautionary words in open court.
'Most meaningful Raya gift’, says man after walking free from drug trafficking charge in KK
KOTA KINABALU: A man who was facing a possible death sentence for a drug trafficking offence walked out a free man after the court released him from the charge on Wednesday (May 10).
High Court Judge Leonard David Shim acquitted and discharged Pillah Hajirul, who has been in detention since being arrested in 2020, without calling for his defence.
Speaking to reporters after the ruling, the 26-year-old construction worker was grateful the court decided in his favour.
"It was the most meaningful Hari Raya gift," he said, his face beaming with both elation and relief.
"I wish to return to my village (in the Philippines) after this to be with my family.
"As the offence was non-bailable, I had to spend some three years under detention," he added.
Corruption court acquits NRD official of issuing fake MyKad charge
KOTA KINABALU: A mother of nine cried tears of joy after the Special Corruption Court here cleared the National Registration Department (NRD) assistant registrar of a charge of issuing a fake identity card on Tuesday (Sept 27).
Safiah Alijang, 53, was charged under Section 463 of the Penal Code for allegedly making the fake MyKad for one Muhamad Daniel Hafiez Alif @ Jali at the NRD office in Sabah’s northern Pitas district at 3.05pm on May 22, 2013.
Outside the courtroom later, Safiah, who was on bail pending the disposal of the case, expressed her gratitude to her lawyer Azhier Farhan Arisin and her family.
“I feel like I died and came back to life. I'm grateful as I'm cleared of the charge. I couldn't contain my joy when I heard the court's decision," she said, trying to hold back her emotions.
Warga Bangladesh berjaya ketepi perintah rujuk ke imigresen
Hakim Mahkamah Tinggi Datuk Nurchaya Arshad di dalam penghakiman beliau bersetuju dengan hujahan peguam bela pemohon, Azhier Farhan Arisin bahawa tiada peruntukan undang-undang khusus memberi kuasa kepada mahkamah untuk memerintahkan pesalah yang telah selesai menjalani hukuman dirujuk ke Jabatan Imigresen.
Sabah homestay operator cleared of drug possession charge
KOTA KINABALU: The magistrate's court here freed a homestay operator from a drug possession charge on the grounds of technicality.
Magistrate Afiq Agoes acquitted and discharged Mohd Nasrul Jainorahim, 38, who was charged under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (1) of the same Act.
"Having heard the defence as well as having seen all the submission submitted, I am inclined to agree with counsel that the prosecution's technical failure in tendering the amended charge with the accurate weight of drugs possessed by the accused, is fatal to the case.
"Therefore, the accused in this case is discharged and acquitted from the charge," Afiq said when he delivered his decision after a full trial has been conducted since 2019.
Rayuan kes dadah: Lelaki berjaya ketepi hukuman penjara
Having drugs: Man discharged, acquitted
KOTA KINABALU: A 28-year-old man was discharged and acquitted from a charge of having 185.13gm of cannabis without his defence being called. Sessions Court Judge Azreena Aziz freed Nor Affandy Jemah from the charge against him after ruling that the prosecution failed to establish a prima facie case against him.
Empat lelaki bebas tuduhan rogol remaja
KOTA KINABALU: Empat lelaki dibebaskan daripada tuduhan rogol berkumpulan terhadap seorang remaja berumur 15 tahun, tanpa diminta membela diri.
Hakim Mahkamah Sesyen Noor Hafizah Mohd Salim melepaskan dan membebaskan Rezwan Abdullah, 23, Mohd Shah Abdullah @ Mat Tasin, 21, Mohd Izlan Omar, 22, dan Ag Rizaullah Bahin, 24, daripada tuduhan itu selepas memutuskan bahawa pendakwaan gagal membuktikan kes prima facie terhadap empat tertuduh.