KUCHING: A student of an institution of higher learning can now breathe a huge sigh of relief after escaping the death penalty when the High Court here acquitted her of trafficking 3.155kg of marijuana.
Kuching High Court judge Azhahari Kamal Ramli made the decision after the prosecution failed to prove prima facie against the accused, Aziemah Mohamad Fuzzie, 25.
“After making a maximum assessment and taking all the statements from 14 prosecution witnesses, the accused was acquitted and released without being called to defend herself.”
The accused was charged with distributing 3.155kg of marijuana on March 19, 2018 at 2.20pm at a house located in Kota Samarahan.
According to the facts of the case, the accused on the day of the incident, was in class when she received a call from the courier service asking her to collect a parcel addressed to the said house.
After receiving the parcel, the accused was immediately investigated by officers from the Royal Malaysian Customs Department.
However, Judge Azhahari added in his judgment that the drug parcel involved was under the control and care of the auxiliary police and was opened during transit at the Kuala Lumpur International Airport (KLIA) Mail and Courier Centre.
In fact, he agreed with the defense’s argument that there was confirmation that the parcel was inspected and stamped with the word “pass” dated March 15, 2018.
“The court also found that the parcel was sent by an existing locksmith company. So, the parcel is believed to not contain any illegal items until it reached the KLIA hub,” Judge Azhahari explained.
He added that the prosecution also failed to call the actual parcel sender to provide further information.
Earlier, the accused was charged under Section 39B (1) of the Dangerous Drugs Act 1952 and could be sentenced under Section 39B (2) of the same Act to a mandatory death sentence.
The accused was represented by lawyers Satinder Singh Sandhu, Muhammad Izayyeem Azim and Lim Vui Seng while deputy public prosecutor Shahrina Noor Azman prosecuted.