Kota Kinabalu: A government clerk who lost his son while in detention for drugs headed straight to the grave soon after he was freed of charges of cultivating cannabis plants inside his apartment and having 99.59gm of the drug, Wednesday.
Mohd Haffezy Mohd Sidik, who worked with the Ministry of Rural Development Sabah (KPLB), said his third son passed away two years ago due to heart and liver failure.
He said he was unable to be by his son’s side to say farewell as he was under remand. His request for permission to do so was also rejected.
Mohd Haffezy was discharged and acquitted (DNA) by Sessions Court Judge Noor Hafizah Mohd Salim, without his defence being called, Wednesday.
Mohd Haffezy said he was grateful that justice has finally been served in his favour.
“I can’t wait to celebrate Hari Raya with my family after being detained for so long,” he said.
The court granted DNA after ruling that the prosecution failed to establish a prima facie case against him.
Having heard, perused and considered all testimonies, evidence and submissions filed by both parties at the end of the prosecution’s case, the court found that the prosecution failed to prove a prima facie case against Mohd Haffezy for both charges.
On the first count, Mohd Haffezy was accused of having the cannabis at 1.10pm on April 13, 2023 at a unit of the Angkasa Apartment in Manggatal, near here.
He was charged under Section 6 of the Dangerous Drugs Act and punishable under Section 39A(2) of the same Act which provides for a jail of between five years and life imprisonment, and whipping at least 10 strokes, on conviction.
On the second count, he allegedly planted three cannabis trees at the same place and time.
Deputy Public Prosecutors Eugenie Meredith Gilbert and Atiqa Nazihah Azmi conducted the prosecution while counsel Azhier Farhan Arisin defended Mohd Haffezy.
The prosecution called eight witnesses during the hearing.