IPOH, Jan 7 — A 52-year-old oil palm plantation worker was today discharged and acquitted by the High Court here of two charges of trafficking 77,744.8 grammes of methamphetamine allegedly committed five years ago.
Justice Datuk Abdul Wahab Mohamed delivered the ruling after finding that the prosecution had failed to establish a prima facie case against the accused, Leong Hoi Aw.
However, Leong’s co-accused, trader Liew Wan Wah, 46, was ordered to enter his defence.
The court informed Liew that he had three options: to remain silent; to give sworn testimony from the dock without being cross-examined by the prosecution; or to testify under oath from the witness stand, which would allow the prosecution to cross-examine him.
Leong was represented by lawyer Charan Singh, while Liew was represented by lawyer P. Ravee. The prosecution was conducted by Deputy Public Prosecutor Yasinnisa Begam Seeni Mohideen.
Ravee later informed the court that his client had chosen to testify under oath from the witness stand and would submit to cross-examination by the prosecution.
In his judgment, Justice Abdul Wahab said the court found that Liew, as both the driver and owner of the vehicle, had knowledge of its contents, including the drugs discovered inside.
In contrast, the court ruled that Leong, who was seated in the rear passenger seat at the time of the arrest, had no knowledge of the drugs.
The judge said Leong neither had control nor custody of the drugs, adding that the DNA evidence was insufficient to link him to the methamphetamine found in the vehicle.
Based on the facts of the case, Liew was driving a sedan while Leong was seated in the rear passenger seat when they were stopped at a roadblock near the Gopeng toll plaza at about 7.30pm on June 23, 2021.
A search of the vehicle led to the discovery of 111 green Chinese tea packets labelled “Guanyin Wang” and six similar packets labelled “Da Guan Yin” in the boot, believed to contain about 74,477.8 grammes of methamphetamine.
Further inspection at about 2am on June 24, 2021 uncovered another six green Chinese tea packets labelled “Guanyin Wang” in the spare tyre compartment, containing approximately 3,267 grammes of methamphetamine.
Both men were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, read together with Section 34 of the Penal Code.
The court fixed April 22 and 23 for Liew to enter his defence.