Monday, October 4, 2010


Friday October 12, 2007

Hari Raya cheer for freed jailbird

IPOH: After spending almost six years behind bars, a 29-year-old livestock trader was released from prison just in time for Hari Raya.

Ahmad Albab [bukan nama sebenar], who was in remand since his arrest for alleged drug trafficking, walked away a free man after a High Court here acquitted and discharged him of the offence yesterday.

He had been accused of trafficking 528.8g of cannabis at a house at No 00, Persiaran Perpaduan , Taman Perpaduan in Ulu Kinta here at about 12.15pm on Feb 21, 2002.

In ruling that the prosecution had failed to prove a prima facie case, Justice Abu Nawas said there was insufficient evidence for any findings to be made against Ahmad Albab.

“The prosecution failed to prove that the accused had custody and control of the Super Kinta Departmental Store plastic bag with the drugs.

“In any case, even if he had custody and control of the plastic bag, the prosecution was still unable to prove that he had knowledge of what it contained,” Justice Abu Nawas said.

He noted that the prosecution was not able to link Ahmad Albab to the room, which had been cluttered with things under the bed where the plastic bag of drugs was found.

Justice Abu Nawas said the court disagreed with Deputy Public Prosecutor Mokcik Azwa that it was not an issue whether or not the accused stayed in the house.

“His mere presence in the room or house does not prove he had exclusive care and control over the room unless there is some evidence to implicate him like if there were some of his personal belongings there.

“In this case, there was none,” he said.

Justice Abu Nawas said submissions by the prosecution that Ahmad Albab was in possession of the drugs since he was in the room when it was found, were misplaced and improper in law.

However, he commended Mokcik Azwa for conducting the case professionally.

“She did her utmost best in her attempt to produce evidence to prove the charge although she could not succeed on the facts and circumstances of the case.

“No fault could be attached to the DPP,” he said

Whenever i feel down, i'll reread the last part. And eventhough i knew the Judge is only trying to make me feel better by saying what he said, the fact that he did said those soothing words is enough to make me feel a little bit better...
One thing i learned, you can never win when the witnesses are all the accused member of family....which is why it is an uphill task trying to prove a drug case where the drug was found in a family house. 

Tiba-tiba teringat kes ini, kebetulan masa itu dah nak raya..and  i can still vividly remember the smiling face of the accused...well...maybe this time you managed to get away with it. One of these days, you'll get the Malay saying goes..sepandai2 tupai melompat akhirnya jatuh ke tanah juga...



  1. owh..memang menusuk kalbu. biasanya orang yang jahat2 ni sng je hidopnya sentiasa je yg baik2 ni silap langkah sikit je terus kena macam2. btw, itukan namanya pengalaman mokcik... keep it up!

  2. Leeya,

    betoi tu..

    anyway, mokcik pun tak perasan ada kuar laporan ni dalam suratkhabar. Then baru teringat masa tu mokcik dah cuti tunggu hari nak bersalinkan Hadi. yang attend kes ni on my behalf utk ambil keputusan kes adalah kawan mokcik. Semalam godek2 google, terjumpa pulak laporan ni hehehe

  3. tp ramai lagi jerung jerung kat luar saner yg terlepas kannns.. uhuhu

  4. Hello MokCik Azawa, Holy Smoke! I never knew you a Hot Shot Criminal lawyer! Outstanding! I am really impressed, Mokcik. Wow, sekali lagi...WOW!
    I'm sure you did your very best, but as mentioned he had relatives as fullbacks, itu ada lecheh sikit, kan?

    You know, back in the late 50s I wanted to be a criminal lawyer, studied under a well known Lawyer, 'Selvaresan'..and still remember about 'Actus Reas, Mens Rea, ignorantia juris neminem excusat'....

    Bila sampai Roman Law, Law of Torts, and those fancy Latin words, whatever....I thought over, 'this not for me'....and kena pakai that long black robe, white wig, (old days!)....I was better at selling things, even though my Maths always see sunrise, hardly daylight...I went to Business studies.

    Fated I guess....but now thinking, if I was as successful as you, kita lawan in court, action macham Hollywood style....lepas court case, win or lose, I win, saya belanjar you fish head curry. You win....iced coffee and chicken rice, ha ha.

    Mokcik, I think I better jaga sikit about what I blog about, ha ha ha.
    I rest my case, Lee.

  5. en_me....ya betullsss...ikan bilis selalu terjerat, tapi terlepas tali gantung juga akhirnya.

  6. Lee,

    wooo...mana ada hot...suam-suam only hahaha.

    Am an ex-DPP la Lee. Now am doing Torts hahahah...defending your police chief friend's personnel who so like to beat people in the lokap hahaha [just kidding!]

    glad you still remember all those latin words..actus reus, mens rea so on and so no more wig la, but we still have to wear those robes and bib..

    Lawan in court biasa la court gaduh, outside kawan. Yeap..anytime iced coffee and nasi ayam feberet tu hahaha

    Dont worry about what you write in your blog...hahaha, keep on writing like you have been doing all these while.

    Good nite Lee...sweet dreams..

  7. Salam Mokcik... betul kata orang... Sepandai2 tupai melompat akhirnya jatuh ke tanah jua... dan satu hari nanti kalau dia memang betul melakukannya pasti dia tidak akan terlepas dari dihukum

  8. Kak Anie..yer kak, betul tu..tak tahu la, jumpa dadah dalam seluar kecik pun boleh terlepas...takper la biar Allah yang Menghakimi sebab dia lebih mengetahui.