KUALA LUMPUR - The High Court here today ordered an unemployed man to enter his defence charges of drug possession and trafficking.
Judge Datuk Muhammad Jamil Hussin made the order after finding that the prosecution had succeeded in establishing a prima facie case against Mohammad Adhib Kabhir Yazid, 35, at the end of the prosecution case.
His girlfriend, Dayang Amiza Mohd Yusof, 40, who was jointly charged with him, was, however, acquitted and discharged without being called to enter her defence.
In the judgement, Muhammad Jamil said the action by Mohammad Adhib, in continuing to accelerate his vehicle, despite being instructed by the police to stop, showed that he knew the drugs were in the vehicle.
"The drugs were in the custody and control of the accused and not the second accused (Dayang Amiza). Therefore, the court finds the joint intent failed to be proved against the second accused, while a prima facie case had been established against the first accused on all charges,” said the judge.
When informed by the judge that he had three options to make his defence, either to remain silent; give evidence in the dock or testify under oath, Mohammad Adhib opted to testify under oath from the witness stand, with the prosecution given the opportunity to question him during cross-examination.
The court then set July 12 for the defence trial.
Mohammad Adhib Kabhir and Dayang Amiza were jointly charged with trafficking 60.65 grammes of Methamphetamine at Batu 6, Jalan Cheras, in front of Cheras Sentral here at 2.30am on June 14, 2021.
The charge, framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, provides the death sentence if found guilty.
They were also jointly charged under Section 6 of the same law with possession of 5.22 grammes of cannabis at the same place and time.
The offence provides a maximum fine of RM20,000 or imprisonment for up to five years, or both, upon conviction.
They were also charged with possession of 3.69 grammes of heroin and monoacetylmorphines at the same place and time.
The charge, framed under Section 12(3) of the same law provides a maximum fine of RM100,000 or imprisonment for up to five years, or both, if found guilty.
Five prosecution witnesses testified in the trial which began in November last year.
Deputy public prosecutor Norashikin Ibrahim prosecuted, while lawyers J. Kuldeep Kumar and Haris Salleh represented Mohammad Adhib and Dayang Amiza, respectively. - BERNAMA