Justice Azhar Abdul Hamid ruled that the prosecution had failed to establish a prima facie case against Harith Izzuddin Hanizam, 23.

The judge found the testimony of the fourth prosecution witness – a police officer – to be unreliable.

He said the prosecution had relied heavily on the witness’s testimony to prove the element of possession, but his evidence was “full of suspicion” as he had not been truthful about what transpired after Harith and the seized drug exhibits were brought back to the police station following the arrest.

Azhar noted that the witness claimed he had remained at the police station at all times to question the accused, but the investigating officer’s report showed otherwise.

“I find that the fourth prosecution witness is not a credible witness and, therefore, the prosecution has failed to prove the element of possession.

“Without proof of this element, the presumption of trafficking does not arise, and in this case, there was no direct evidence adduced to establish that trafficking had taken place.

“Accordingly, I find that the prosecution has failed to establish a prima facie case against the accused. The accused is, therefore, discharged and acquitted of the charge,” he said.

Harith was charged with trafficking in about 3.4kg of cannabis at the lobby of a hotel on Jalan Kuching in Sentul here on Feb 26, 2024.

The charge, framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act, carries the death penalty or life imprisonment and not fewer than 12 strokes of the cane upon conviction.

Five prosecution witnesses testified during the trial.

Deputy public prosecutor Wan Ahmad Hijrah Wan Abdullah appeared for the prosecution, while lawyer Geethan Ram Vincent represented Harith.