KOTA KINABALU: A 29-year-old man who spent over a year facing the possibility of the death penalty for drug trafficking was acquitted by the High Court here Thursday (March 13), allowing him to reunite with his family for Hari Raya.
Mohd Fareez Izwan Mohd Idros was granted a full discharge and acquittal after the Attorney General’s Chambers (AGC) accepted a representation from defence counsel Azhier Farhan Arisin for the charge to be dropped.
He was initially charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the death penalty or life imprisonment with at least 12 strokes of the cane if found guilty.
Fareez Izwan was charged alongside Mohd Nurfaizal Ruslin, who was arrested after allegedly being found with a package containing methamphetamine.
According to the charge sheet, both were accused of trafficking 1,431.5g of the drug at the parking area of Apartment Cybercity Phase 1 in Penampang on Dec 30, 2023.
However, in the representation to the AGC, the defence argued that Fareez Izwan was not at the scene during the raid and had no physical possession of the seized drugs.
His only connection to the case was his phone number, which was reportedly found on the package confiscated from Nurfaizal.
After reviewing the representation, the prosecution agreed to withdraw the charge against Fareez Izwan on the condition that he testify as a prosecution witness against Nurfaizal at the latter's trial, set to begin Aug 20.
Speaking to the media after the verdict, Fareez Izwan said he was relieved and grateful for the court’s decision.
"Alhamdulillah, I am truly grateful to be freed at last. This is the most meaningful gift for me during Ramadan. After going through such a difficult time, I can finally return home and celebrate Hari Raya with my family," he said.
He also thanked his lawyer for his efforts in ensuring his defence was fairly considered.
Azhier welcomed the decision and thanked the AGC for evaluating the facts of the case and freeing his client.
