Kota Kinabalu: A 40-year-old fisherman was freed by the High Court here from a charge of trafficking 101.83gm of syabu.
Judicial Commissioner Amelati Parnell discharged and acquitted Al Aznher Ahmad without being called to present his defence, ruling that prosecution failed to establish the offence of trafficking.
Aznher was accused of committing the offence at 7.45pm on Jan 7, 2021 at the residential flat area, Kg Sembulan Tengah here.
Aznher had on March 14, 2022 claimed trial to the charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
The charge carries a punishment of either the death penalty or life in prison and whipping with a minimum of 15 strokes on conviction.
Aznher, who was represented by counsel Azhier Farhan Arisin, has since held under remand as the charge against him has no provision for bail.
Six prosecution witnesses were called to testify in the trial which commenced on Feb 23, last year.
Deputy Public Prosecutor Rustam Sanip appeared for the prosecution.
Meanwhile, Aznher when met after the proceedings said he felt vindicated and have full trust in the justice system and the relentless efforts of his legal counsel.
“My focus now turns to my tender child, who is seven years old and has been growing up without my presence as his daddy since my arrest almost four years ago.
“It’s time for me to make up for the lost moments and be there for my child,” said Aznher.
