PUNITHA KUMAR, [email protected]
KUALA LUMPUR: A former AirAsia co-pilot received a fresh lease of life after he was acquitted without having his defence called at a High Court here today from trafficking cannabis in February last year.
Judge Datuk Akhtar Tahir released accused Ian Hooi Wern Hao, 26, after ruling that the prosecution failed to establish a prima facie case.
"The (witness) statements that implicated the accused with the drugs showed that he was a tenant at the house (scene of the incident).
"The drugs were found in the living room, in the presence of two other suspects, who were also seated close to the drugs.”
Akhtar said it was possible that all three, including the accused, had knowledge of the drugs.
But, it could not be certain who had control of the drugs, he said.
Prior to delivering his verdict, Akhtar dismissed an application by deputy public prosecutor Iswa Tonie who intended to call another witness despite the prosecution having already closed its case.
He said the court gave ample time to the prosecution to search for the said witness.
"If effort was made earlier (by the police), witness could have been found," he said adding that Iswa's grounds to make such an application under Section 425 of the Criminal Procedure Code was useless to the prosecution's case.
The provision gives general power to the court to examine any person as a witness.
Iswa, who made the application, contended that the witness, who was one of the trio in the house on the day of the incident was only tracked down by the authorities last night.
Defence counsel Datuk N.Sivananthan objected to the application stating that calling only that witness was not helpful as the remaining suspect in the house on that day should also be called to testify.
After being dismissed by the budget airliner in 2011, Hooi earned a living by venturing into the prawn farming business.
According to the charge, Hooi trafficked 979 grammes of cannabis at a house in Section 6, Kota Damansara, Petaling Jaya, around 3.30pm on Feb 2 last year.
The prosecution called three witnesses throughout its stage of the case.
