PUTRAJAYA, April 15 — The Federal Court here today freed a former escalator machine operator on a charge of trafficking nearly 10kg of drugs found in a car in 2019.

A three-member bench led by Chief Justice Tun Tengku Maimun Tuan Mat allowed Mohd Khairul Azwan Zakaria’s final appeal to overturn his conviction and sentence of imprisonment and whipping.

“We find merit in the appeal. The conviction and sentence are therefore set aside, the appellant (Khairul Azwan) is discharged and acquitted,” she said.

The bench was also comprised of Justices Datuk Rhodzariah Bujang and Datuk Hanipah Farikullah.

Mohd Khairul, 38, along together with debt collector Bhahira Fakri, 44, were convicted by the High Court in February, 2023 for trafficking 9.6kg of heroin and 115.5 g of Monoacetylmorphine, found in a Honda Accord car parked in front of a restaurant at Publika 1, Jalan Dutamas 1, Solaris Dutamas in Kuala Lumpur, at 11.40am on June 20, 2019.

The two were sentenced to 30 years in prison and 15 strokes of the cane. The Court of Appeal then upheld the High Court’s decision, prompting Mohd Khairul to file an appeal to the Federal Court.

Bhahira, however, did not appeal.

At the appeal hearing today, Mohd Khairul’s lawyer, Datuk Hisyam Teh Poh Teik, argued that the prosecution had failed to call the car owner where the drugs were found as a witness.

He said that although the prosecution had offered her to the defence as a potential witness, the prosecution could not produce her, and her whereabouts could not be traced.

He said the non-calling of the car owner, who is Mohd Khairul’s sister-in-law and the prosecution’s failure to provide her statement to the defence has caused prejudice to the defence.

Hisyam, assisted by Low Wei Loke, said his client was forced to close his case without the woman’s testimony.

In response, deputy public prosecutor Mohd Fuad Abdul Aziz requested the court to uphold the conviction.

He argued that the non-calling of the witness was not prejudicial and did not render the collapse of the prosecution’s case.

He added that the trial judge did consider the defence evidence. — Bernama