KOTA KINABALU: Two men arrested for trafficking over 5kg of methamphetamine seven years ago escaped the death penalty after being discharged and acquitted by the High Court here on Thursday (Jan 16).
High Court Judge Datuk Ismail Ibrahim delivered the verdict for Aminuddin Baharuddin, 35, and Mohd Shaharan Guriman, 38, after the prosecution failed to establish its case beyond reasonable doubt.
The two were accused of trafficking 5,241.5g of methamphetamine when they were caught with the drug upon arriving at Kota Kinabalu International Airport (KKIA) on Aug 13, 2017, from Johor Baru.
The prosecution’s case centred on the discovery of the drugs in a Samsonite bag, which Aminuddin had collected after his arrival at KKIA, before he was stopped and arrested by police at the arrival hall.
He allegedly claimed that the bag belonged to Mohd Shaharan, who was also later arrested. A police officer found the drugs inside the bag.
The two men were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act, in conjunction with Section 34 of the Penal Code, which carries the death penalty or life imprisonment.
During the trial, four witnesses were called by the prosecution, led by Deputy Public Prosecutor Rozanna Abd Hadi, including a government chemist and law enforcement officers.
Despite the evidence presented, defence counsels Azhier Arisin and Dominic Chew raised reasonable doubt about the prosecution’s case.
In delivering the verdict, Ismail ruled that the prosecution had failed to prove the charges beyond reasonable doubt, resulting in the discharge and acquittal of the two men.
The decision came after a trial that began on April 8, 2021, with the prosecution resting its case on March 23, 2023. The defence case commenced in March 2024.
