
This follows the Federal Court’s unanimous decision to dismiss the final appeal by Akahimo, who is also known as Akamino.
Justice Rhodzariah Bujang, who led a three-member bench, said there was no merit in the appeal, especially when there were concurrent findings by the High Court and Court of Appeal.
“The conviction is safe, and the sentence imposed by the trial court is also affirmed,” said Rhodzariah, who sat with Justices Lee Swee Seng and P Ravinthran.
Under the Dangerous Drugs Act 1950, a person is legally presumed to be a trafficker if found in possession of 50g or more of methamphetamine, also known as syabu.
Akahimo was initially jointly charged with three other men for the offence committed at the parking lot of a steamboat restaurant at Batu 11, Ulu Langat, Selangor, at about 6pm on May 24, 2002.
According to the case facts, he and the others had arrived at the parking lot in a car. He alighted from the vehicle and went to a parked car, and opened its door to collect the drugs stored in a box on the passenger seat.
Police raided the area and arrested him despite his attempt to escape after dropping the box. The other three men were also arrested.
The trio were acquitted by the High Court in 2024, and the prosecution did not appeal the decision.
In delivering the Federal Court’s broad grounds of judgment, Rhodzariah said Akahimo’s conduct of holding the box containing the drugs demonstrated that he was in voluntary possession of the narcotics.
“It did not matter if he was only holding the box for 10 seconds,” she said.
She said there was also no material break in the chain of evidence to cast a doubt on the prosecution’s case.
Rhodzariah said the prosecution’s decision not to call the owner of the car where the drugs were found to testify was not fatal to its case.
She said the appellant’s cautioned statement and representations to the Attorney-General’s Chambers to reduce the charge did not prejudice him, as the trial judge gave no weight to the documents.
Lawyer R Sivananthan appeared for Akahimo, while deputy public prosecutors Iznina Hanim Hashim and Siti Rafidah Zainuddin prosecuted.