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 caught...like the Malay saying goes..sepandai2 tupai melompat akhirnya jatuh ke tanah juga...