PUTRAJAYA, July 21 — A former auxiliary policeman, who was sentenced to death for trafficking in 45.5g of heroin and seven years imprisonment for possession of firearms and ammunition six years ago, walked out the court a free man today after the Federal Court allowed his appeal against the conviction and sentences.
Justice Datuk P. Nallini, heading a panel of three judges acquitted and discharged K. Prabhagaran, 45, after finding that the conviction was unsafe.
She said that the charges were flawed as the place of the discovery was incorrect and the trial judge erred in making a finding of fact that the wrong temple was in fact the place where the drugs and firearms were found.
Ultimately, she said, the trial judge mis-appreciated the evidence and thereby came to the findings which were flawed and warranted appellate intervention.
“In these circumstances, the conviction is unsafe and cannot stand. We therefore set aside the orders of the High Court and Court of Appeal and the appellant is hereby acquitted and discharged of all the three charges,” she said.
Other judges sitting on the bench were Datuk Vernon Ong Lam Kiat and Datuk Zaleha Yusof.
Nallini said the entire case turned on Section 27 of the Evidence Act 1950 on information leading to discovery of exhibits.
She said it stemmed from the alleged statement by Prabhagaran that he would disclose where he kept the bag containing the drugs and firearms to the police.
“There is no indication as to how or why the appellant apparently made this statement voluntarily. The entire basis for this statement turns on the evidence of a prosecution witness which is less than credible and in self insufficient to establish that the appellant led them to the discovery of the drugs and the firearms,” she added.
Prabhagaran, represented by lawyer Mohd Radzi Yatiman, was seen heaving a sigh of relief when Nallini handed down the decision on his appeal against the Court of Appeal’s decision on September 18, 2018, in upholding the death and jail sentence meted out by the Johor Bahru High Court on August 29, 2017, after finding him guilty of the charges.
Deputy public prosecutor Datuk Nazran Mohd Sham appeared for the respondent.
The High Court sentenced Prabhagaran to death after finding him guilty of trafficking the drugs at a temple in REM Estate in Kota Tinggi, Johor about 1.20am on September 16, 2014.
He was also sentenced to seven years imprisonment and six strokes of the rotan for possession of an AK-47 rifle and a Smith & Wesson pistol and three years jail and three strokes of the rotan for possession of 156 bullets, at the same place and time. — Bernama
