KUALA LUMPUR: The High Court here today acquitted and discharged a lecturer of a public university of charges of drug trafficking and possession three years ago.
Judge Datuk Muhammad Jamil Hussin made the decision in the case of T.S. Gabriel Samson, 35, after finding that the prosecution failed to establish a prima facie case against the accused.
The court found that the drugs in question were not in the possession of the accused alone but belonged to another individual, said Muhammad Jamil.
"While being questioned by the third prosecution witness who is a policeman, the man (other individual) told where the drugs were kept.
"If the man is called to testify, he can explain about the issue of the drugs found, whether the accused was involved in the distribution or not.
"I also found that the man had access to the house because only those with access to the house and the drugs could disclose where the drugs were stored.
"Therefore, it is not safe for me to call the accused to defend himself because of the gap in the prosecution's case."
With this, the accused is discharged and acquitted of the two charges he is facing," he added.
Gabriel was charged with distributing 1278.61 grams of cannabis at a condominium unit in Jalan Pahang, Wangsa Maju here at 10.15pm, Feb 5, 2021, in accordance with Section 39B(1)(a) of the Dangerous Drugs Act (DDA) 1952 which is punishable under Section 39B(2 ) the same Act that provides for the death penalty, if convicted.
He was also accused of possessing 3.05 grams of ecstasy at the same place, date and time according to Section 12(2) of the DDA 1952 which is punishable under Section 12(3) of the same Act which carries a maximum fine of RM100,000 or imprisonment of up to five years, or both.
Deputy Public Prosecutor Noor Dayana Mohamad handled the prosecution while lawyers Zaleha Al-Hayat and Nur Qistina Mohd Nizam represented the accused.
A total of six prosecution witnesses were called to testify at the trial which began on Nov 6, 2023. -- BERNAMA