Kuala lumpur: The High Court today acquitted and discharged a former polytechnic student of a charge of trafficking 3,404 grammes (3.4 kilogrammes) of cannabis two years ago. Judge Datuk Azhar Abdul Hamid made the ruling after finding that the prosecution had failed to establish a prima facie case against Harith Izzuddin Mohd Hanizam, 23, at the end of its case.

According to BERNAMA News Agency, Azhar stated that the court found the prosecution had relied on the testimony of the fourth prosecution witness (SP4), who is also a police officer, in an attempt to prove the element of possession. However, doubts arose concerning the witness's credibility, as his account of what transpired after the accused and the drugs were brought to the police station was questioned. The court determined that SP4 was not a credible witness and noted the absence of direct evidence indicating that trafficking had occurred.

Further elaborating, Azhar highlighted discrepancies between the testimony of SP4, who claimed to be present at the police station during the accused's interrogation, and SP5, the investigating officer whose report contradicted SP4's account. Consequently, the judge concluded that the prosecution had not successfully demonstrated a prima facie case against Harith Izzuddin, resulting in his discharge and acquittal.

The trial, which commenced last Wednesday, saw five prosecution witnesses called to testify. Harith Izzuddin had been charged with trafficking the drugs at a hotel lobby along Jalan Kuching Batu Caves in Sentul on February 26, 2024. The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and is punishable under Section 39B(2) of the same Act, which stipulates the death penalty or life imprisonment, accompanied by at least 12 strokes of whipping upon conviction.

Deputy Public Prosecutor Wan Ahmad Hijrah Wan Abdullah represented the prosecution, while Harith Izzuddin was defended by counsel Datuk Geethan Ram Vincent.