The High Court here has acquitted a construction worker of a charge of trafficking in methamphetamine more than four years ago without calling for his defence.
Justice Wendy Ooi held that the prosecution had failed to prove the ingredients of the charge against Tambi Ahamad Jalaldeen.
Tambi was accused of trafficking in 202.3g of methamphetamine at an apartment in Bandar Sungai Long on May 11, 2021. The offence carried the punishment of death, or a jail sentence of between 30 and 40 years as well as 12 strokes of the rotan.
Ooi found that Tambi did not live in the apartment where the drugs were found. She said the apartment belonged to his former wife.
The court also noted that the former wife had two employees who had access to the apartment and room where the drugs were stored.
“Evidence showed that it was (the ex-wife’s) two employees who brought a bag to the room, two days before the accused was arrested at the same place,” said Ooi.
She also said the police failed to investigate the two employees, giving rise to a reasonable doubt in the prosecution’s case.
Ooi, however, ordered Tambi to defend himself on charges of possessing without authorisation from the government 6.93g of flualprazolam, a psychotropic substance used to treat anxiety and insomnia, as well as possessing 28g of methamphetamine.
Following the decision, lawyer Jason Singh, representing Tambi, indicated to the court that his client would plead guilty to the possession charges.
“I hope the prison authorities will send him (to the hospital) for a medical checkup, and for the report to be tendered for mitigation purposes,” the lawyer said.
Ooi set Nov 28 for sentencing, after deputy public prosecutor Nazri Omran informed the court the prosecution needed time to prepare for the mitigation.
