Judge Datuk Seri Mariana Yahya made the decision after finding that the prosecution had failed to establish a prima facie case against Mohd Riedzuan Hamzah, 38, at the end of the prosecution’s case.
In her judgment, Mariana said the investigation carried out by the raiding officer who was also the prosecution’s seventh witness and the investigating officer (eighth prosecution witness) was very weak and inferior, as well as there were contradictory evidence given by the witnesses.
She also touched on the failure of the officer to arrest the accused’s partner Azahari Md Ruaji who was said to be in the passenger seat of the Proton Perdana car as the man had previous drugs related criminal record.
Mohd Riedzuan was charged with trafficking 31.8 grams of heroin at Keratong 9 oil palm plantation, Muadzam Shah near here, at 3.20am, on Jan 28, 2017, and alleged possession of 14.6 grams of monoacetylmorphine and 43.63 grams of methamphetamine, at the same place, date and time.
For the first offence, he was charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which provides a death sentence upon conviction.
For the second offence, he was charged under Section 12 (2) of the same law and punishable under Section 39A (2) of the same law that provides an imprisonment for life or for a term which shall not be less than five years, and whipping of not less than 10 strokes, if convicted.
Eight prosecution witnesses were called to testify with deputy public prosecutor Mirza Mohamad prosecuted while the accused was represented by counsel G.Subramaniam Nair.