Car painter jailed since 2018 freed in time for Aidilfitri

 The Court of Appeal says it is unsafe to uphold Syafie Zainal’s conviction due to doubts over whether he had control of the room where the drugs were found.

Syafie Zainal with lawyer Geethan Ram Vincent at the Palace of Justice in Putrajaya. (Geethan Ram Vincent pic)

PUTRAJAYA:

 A 43-year-old car painter, who has been in prison since 2018 for drug trafficking, will be heading home to Melaka for Hari Raya after the Court of Appeal set aside his conviction.

A three-member bench comprising Justices Azmi Ariffin, Radzi Abdul Hamid and Ahmad Shahrir Salleh, unanimously allowed Syafie Zainal’s appeal and acquitted him of trafficking in 36.376kg of methamphetamine.

The High Court had previously found him guilty and sentenced him to 30 years in prison and 15 strokes of the cane.

In its judgment, the appellate court said it was unsafe to uphold the conviction due to doubts over whether Syafie had control of the room where the drugs were found, given that he had moved out about two months before the police raid.

Although the prosecution argued that he retained control of the premises as he continued paying rent until his arrest, the court said the keys to the room were found in a common area accessible to six others.

The court also noted that DNA belonging to other individuals was found in the room.

Fingerprints on the drug packets did not match Syafie’s but matched that of other individuals, further raising doubts over who had handled the drugs.

Syafie had been charged under Section 39B(1) of the Dangerous Drugs Act 1952 with trafficking the drugs at a house in Taman Seri Mangga, Melaka.

The prosecution was led by deputy public prosecutor How May Ling. Syafie was represented by Geethan Ram Vincent and Lavinia Raja. - FMT