Access card key to trio’s acquittal on drug charge

Hambali Muhammad (in grey shirt), Shafiqfiqri Sumardie (in white shirt) and Nurul Qaedah Jef Hamizul (in brown top) with their lawyers after being acquitted by the High Court in George Town, Penang.

GEORGE TOWN: Three friends were spared the noose after they were acquitted of drug trafficking by the High Court here.

Judicial commissioner Rofiah Mohamad ordered the release of Hambali Muhammad, 30, Shafiqfiqri Sumardie, 29, and Nurul Qaedah Jef Hamizul, 29, after it was discovered that they did not possess the access card required to enter the apartment raided by the police.

The court accepted the defence’s argument that an access card was required to get to the 29th floor of the Halaman Sungai Ara Apartment.

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During the trial, police officers who raided the apartment testified that they had obtained an access card from the security guard to get to the 29th floor before breaking down the door of the apartment.

Rofiah also acquitted the trio on grounds that the prosecution had failed to prove a prima facie case and had also failed to show that the trio had exclusive custody and care of the apartment where they were detained.

The three friends were charged with trafficking methamphetamine weighing 64.02g on Jan 27, 2019.

The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries a mandatory death penalty upon conviction.

Lawyers RSN Rayer, Asri Abdul Hamid, Rafidi Mohamad, R Thandayuthabany Pillay and Arvend Rajandren represented the accused while deputy public prosecutor Kirubini G Subramaniam prosecuted. - FMT