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Syabu: Duo to know fate Jan 11
Published on: Wednesday, November 30, 2016
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Kota Kinabalu: A local man and a Bruneian charged with trafficking syabu weighing 745.6gm and 52.1gm each will know their fate on Jan 11 next year.High Court Judge Datuk Nurchaya Hj Arshad set the decision date for Andy Majudil, 35, and Mohd Noor Jumat, 38, on Tuesday after they closed their defence.

The court also directed both prosecution and defence parties to file their respective submissions on Dec 13 and Dec 28.

Andy and Mohd Noor were accused of committing the offence at a house in Taman Nelly, Phase 8C, Jalan Nountun in Inanam at 9.30pm on Nov 19, 2013.

They were on June 9 ordered to enter their defence to the charge under Section 39B (1)(a) of the Dangerous Drugs Act which carries the death sentence, on conviction.

Andy and Mohd Noor respectively gave unsworn statements in their defence.

Andy stated that he was not trafficking the drugs as stated in the charge.

He stated that he was the tenant of a double storey house at Taman Nelly and had sub-leased it to Mohd Noor, who is from Brunei and that he never lived in the said address and had no belongings in the house.

He said at 9.30pm on the said day, he went to the said house to collect rental from Mohd Noor and while he was at the grilled entrance of the house calling for Mohd Noor to open the door, he was arrested by one ASP Ahmad Jawila.

"At that time, I saw Mohd Noor approaching the grill and police shouted from where I was arrested. He then ran upstairs and police forced open the grill and ran upstairs," he said.

"I was arrested because according to the charge preferred against me, I was suspected of trafficking 745.6gm of dangerous drugs which I categorically deny.

"After my arrest and sometime later when the photographer came, I was forced to sit near the alleged drugs as if those belonged to me and I was never in possession of the bag as alleged by Ahmad alone. I do not know the contents found in the bag," he said.

Andy stated that a gun was pointed to his head and a vegetable knife was also placed onto his neck by one of the police officers in the raiding team who forcefully told him to admit that the bag belonged to him, which he totally denied.

"The bag was found by the raiding team 20 minutes later under a BMW motor vehicle belonging to Mohd Noor, which he never denied, while I was held guarded by an officer from the raiding team.

"I further state the contents of the bag do not belong to me but to Mohd Noor. I did not place the said bag under the car.

I never carried the bag into the compound of the house.

"I do state that the bag contents were never opened in the house or in front of me in the garage while pictures were taken while I was told to sit in front of the bag," said Andy, adding that a prosecution witness saw Ahmad place the bag in front of him.

Meanwhile, Mohd Noor in his statement stated that he was never involved in drug trafficking as charged and that the items found did not belong to him and that he never knew about their existence.

He said he was a car salesman both in Brunei and Sabah and came to know Andy in 2013 after Andy bought a Volkswagen car from him at a cheaper price.

Mohd Noor said Andy had invited him to stay in the said house to avoid spending money on hotel rental whenever he came to the State.

He said he did not know if other people came to stay at the house while he was not there and that when he stayed in the house, Andy also stayed there, occupying the master room while he was stayed in the second room of the house and that he never entered Andy's room.

On the said day, Mohd Noor said he was resting on the ground floor of the house when he saw Andy come and that while Andy was about to enter the house he saw a group of men rush towards Andy.

Thinking that it was a robbery, Mohd Noor said he panicked and ran up to the first floor and heard the grill being forced open by the men whom he suspected were robbers.

Fearing for his safety, Mohd Noor said he opened the master room's door and jumped out through an unlocked window.

While on the ground, he saw several men, who he believed were policemen, much to his relief.

"One of the man introduced himself as a policeman and brought me back to the first floor of the house," he said, adding that he led the police to his room when asked about his place while in the city.

He said the police asked for his personal documents after they did not find anything from his room and thereafter he was also brought into Andy's room, which he told police was occupied by Andy.

He was then brought down to the ground floor, he said, adding that he did not know what transpired there after he was brought down.

Mohd Noor also stated that he did not know the contents of a bag and a box as they did not belong to him.

He also did not know why his personal documents were placed together with the bag and the box as this was not done before him and that he also questioned why his picture was placed inside a wardrobe in the master room.

Andy and Mohd Noor were represented by counsel Ram Singh and Dato' Seri Rakhbir Singh, respectively while Deputy Public Prosecutor (DPP) Aida Fatimah Datuk Abdul Jabar appeared for the prosecution.





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