KOTA BARU: A Thai woman escaped the gallows after the High Court here acquitted and discharged her of trafficking 86.8g of methamphetamine in 2018.
Judge Datuk Roslan Abu Bakar made the decision after finding that the prosecution had failed to prove a prima facie case against Miss Rusneeda Beraheng, 41.
In his judgement, Judge Roslan said the prosecution had failed to prove the second element, namely the accused’s possession, custody and control, as well as knowledge of the drugs discovered under the seat of a Proton Persona car.
"The third element, which is drug trafficking, automatically failed because the second element was not successfully proven.
"The prosecution failed to prove a prima facie case. Therefore, the accused is acquitted and discharged from the case without being called to enter her defence,” he said.
Miss Rusneeda was charged with committing the offence in front of an unnumbered house in Kampung Kubang Juluk, Rantau Panjang, Pasir Mas, at 9am on Sept 4, 2018.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same law, which provides the death sentence upon conviction.
The prosecution was conducted by Deputy Public Prosecutor Aida Fatimah Abd Jabar, while the accused was represented by lawyer Ahmad Nizam Mohamed. - Bernama
