KUALA LUMPUR: A Nigerian man broke down and wept when the High Court freed him of drug trafficking.
Ezeh Ben Oscar, 27, started to cry and hugged his lawyer Datuk Salehuddin Saidin when he heard that he was discharged and acquitted without his defence being called.
Ezeh was accused of trafficking in 17.1 grams of heroin at a playground in Jalan Metro Perdana 3, Sentul at about 8.10pm on June 10 last year.
The offence carries the mandatory death penalty.
Justice Ghazali Cha, in his ruling, said that there was doubt over the identity of the accused as the incident took place at a poorly-lit area at night. No identification parade was conducted on the accused, he noted.
The court also noted that officers who conducted the raid, C/Insp Basri Husain and Sergeant Major Abdul Halim, Md Said, gave contradicting testimonies.
Justice Ghazali said he found Abdul Halim not truthful in his testimony.
Abdul Halim was also unable to identify a key item in the case - a plastic bag said to contain the drugs, he said.
I am satisfied with the findings that the prosecution had failed to prove a prima facie case against the accused.
The accused is now discharged and acquitted, said Justice Ghazali.
The court then ordered Ezeh to return to his home country as his visa had expired.
By NURBAITI HAMDAN
Thursday August 12, 2010