SANDAKAN: A 35-year-old Filipino was freed from a charge of trafficking 103.78gm of syabu two years ago, without his defence being called.
High Court Judge Saiful Azian Mokhtar had discharged and acquitted Haser Ajirul, after ruling that the prosecution failed to establish a prima facie case against Haser on Wednesday.
Haser was accused of trafficking the drug at 4.30pm on Jan 25, 2024 by the roadside near a palm oil factory in Beluran.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act which provides for the death sentence, or life imprisonment and whipping at least 15 strokes, on conviction.
Haser who has two children, was ordered to be referred to the Immigration Department for further action.
The prosecution had called six witnessed during the hearing which started on July 21, 2025.
Deputy Public Prosecutor Risal Abdul Fikkah conducted the prosecution while Haser was represented by counsel Hamida Ambo and Nurul Izzati Dislin.