KUALA LUMPUR, Feb 23 — Lyiana Roslee, the wife of former Bersatu youth leader Adam Asmuni, has formally written to the Attorney General to withdraw the drug charges against her.
Husband and wife were both charged with the cultivation and trafficking of ganja in February last year, which is punishable with either death or a lifetime in prison, and whipping if not executed.
Lawyer Muhammad Rafique Rashid Ali, who represented Lyiana, told news portal Free Malaysia Today that a letter had been sent to the AG seeking a withdrawal of the charges as there had been no court update in the past one year.
“A written application without prejudice, in line with Article 145 (3) of the Federal Constitution, has been sent to the AG, (and) he may decide if they (Attorney General’s Chambers) want to proceed with the prosecution,” Rafique was quoted as saying.
Article 145(3) states that the AG holds discretionary power to discontinue any proceeding of an offence outside of a Shariah Court, a Native Court or a court martial.
The lawyer also told the news portal the case was supposed to be transferred to the High Court in Shah Alam last year, but nothing has happened since.
“We would like to emphasise that a year has passed since Lyiana was charged, but [the case] has yet to be transferred.
“The chemistry report is ready but the consent to prosecute, and written representations, have yet to be obtained,” Rafique was quoted as saying.
According to FMT, Adam was unrepresented.
Lyiana and Adam were jointly charged under Section 39 (B) (1) (a) of the Dangerous Drugs Act 1952 with trafficking 1.58kg cannabis and 7.87 litres of the same drug at a house in Duta Residensi, Ampang, at 7.30pm in January 20 last year.
No plea was recorded from either when they were charged before Magistrate Normaizan Rahim on February 16 last year.
If convicted, the duo can be punished with death by hanging or life imprisonment under Section 34 of the Penal Code; if commuted, they will also be whipped no fewer than 15 times.
