Kota Kinabalu: Two men walked out as free men on Friday after the High Court released them from a charge of trafficking 64.11gm of syabu, two years ago.
Self-employed Abdul Razak Awg Said, 55, and Rahim Omar Mohd Nasirin, 46, were discharged and acquitted by Judicial Commissioner Amelati Parnell without their defence being called.
Amelati held that the court found that a prima facie case had not been made out against the duo and ordered they be discharged and acquitted without calling for their defence.
Razak and Rahim were accused of committing the offence at 11.30am on July 8, 2021 in a storeroom behind a house at Kg Pasir in Sipitang.
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The prosecution had called six witnesses to testify during the trial.
Deputy Public Prosecutor (DPP) Rustam Sanip stood in for DPP Adibah Saiful Bahri while counsel Mohd Luqman Syazwan Zabidi appeared on behalf of Hamid Ismail, who was representing the duo.
Meanwhile, an e-hailing driver, who was charged with transporting two smuggled Filipina migrants, last year, failed in his application for bail.
Amelati in delivering her ruling on Friday, dismissed Royhan Abd Mutalif’s bail application.
“The accused’s submission that he being a man is equally entitled as a woman to be considered under Section 13(2) of the Security Offences (Special Measures) Act (Sosma) 2012 must fail.
“The accused, being male, who are over the age of 18 and who do not suffer from any form of sickness or infirmity, therefore do not fall within any of the permitted categories under Section 13 (2) of Sosma,” held Amelati.
The court then fixed Oct 11 for pre-trial case management and ordered Royhan to be further remanded.
Royhan, 34, had on July 25 claimed trial on the charge of engaging in the conveyance of smuggled migrants in a Mitsubishi Triton at 7pm on Nov 18, 2022 at Kg Ambong, Kota Belud.
The charge under Section 26J of the Anti-Trafficking in Persons and Anti-Smuggling of Migrant (Atipsom) Act 2007 is punishable by a jail term of up to five years and liability of a fine of up to RM250,000 or both, on conviction.
Royhan was represented by counsel Nazri Zikiri.
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