TAWAU: A vehicle storage caretaker who was arrested in connection with Sabah police’s success in crippling a drug trafficking syndicate, was freed from a charge of trafficking 3,071.04 gm of syabu after the prosecution decided to not proceed with the case.
Magistrate Don Stiwin Malanjum discharged and acquitted Hadriansyah Sabran, 41, who was one of the suspects in connection with the seizure of more than 53kg of syabu, estimated to be worth nearly RM2.65 million, through three separate operations in Kota Kinabalu and Tawau.
The court made the order after the prosecution told the court about the development of the case on Tuesday.
The prosecution told the court that after reviewing the representation letter submitted by the defence together with closed-circuit television (CCTV) footage as well as supporting documents, they decided to not proceed with the charge against Hadriansyah.
Hadriansyah allegedly trafficked the drug at 7.30pm on March 13 this year at the premises of Smart Bid Auction Sdn Bhd vehicle storage yard in Lorong Yong Yuk, Jalan Sin Onn, here.
On March 27 this year, he was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which provides for the death penalty, or life imprisonment and whipping at least 12 strokes of the cane, upon conviction.
Counsel Datuk Ram Singh, representing Hadriansyah, said the representation was submitted to the State Prosecution Director on April 27 and 28, raising, among others, serious concerns regarding the integrity of the arrest and the investigation.
According to him, from the very beginning, the defence’s position was that the accused had been framed, the drugs had been planted by members of the raiding team, and the accused was unlawfully arrested and charged.
“After reviewing the representation and CCTV footage submitted by the defence, the State Prosecution Director subsequently decided to withdraw the charge against the accused, as confirmed through email.
“The defence further wishes to place on record that from the date of arrest until today, the accused has suffered severe hardship, humiliation, emotional distress, loss of liberty, and reputational damage as a result of the unlawful arrest and prosecution against him,” he added.
Ram said the defence also stated that his client and Smart Bid Auction Sdn Bhd, the premises where the drugs were allegedly planted by one or more members of the raiding team, had been publicly linked to drug trafficking activities through official media statements issued in relation to the case.
He said the matter had caused serious reputational and commercial damage to both the accused and the company, including raising concerns among financial institutions and business associates.
Ram added that, taking into account the circumstances surrounding the alleged unlawful arrest, claims of fabricated evidence, and public allegations linking the company to drug trafficking activities, his client and Smart Bid Auction Sdn Bhd had instructed solicitors to commence civil action against those responsible for the unlawful arrest and prosecution.
In the same proceedings, Hadriansyah was sentenced to nine months’ imprisonment after pleading guilty to using syabu.
The prosecution was conducted by ASP Nur Intan Jamrin.
