A Thai woman found herself walking free from prison and the death penalty after the Kota Bahru High Court acquitted and discharged her of trafficking 86.8g of methamphetamine back in 2018.
41-year-old Rusneeda Beraheng was freed from the charge after Judge Roslan Abu Bakar found that the prosecution failed to prove a prima facie case against her, reported Kosmo.
He also ruled that she didn’t need to enter her defense following the ruling.
Judge: Prosecution failed to establish case
According to Roslan’s judgement, he said the prosecution had failed to prove the second element, which accused Rusneeda of having possession, custody and control, and knowledge of the drugs discovered under the seat of a Proton Persona.
He also ruled that the third element, drug trafficking, failed by default following the prosecution’s inability to prove the second element.
“Therefore, the accused is acquitted and discharged without having to give a defense,” he said.
According to the charge sheet, Rusneeda was accused of trafficking 86.8g of methamphetamine at a house in Kampung Kubang Juluk, Rantau Panjang near Pasir Mas at around 9am on September 4, 2018.
The charges were framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and could be sentenced under Section 39B(2) of the same act, which provides for the death penalty if convicted.
Throughout the trial proceedings, a total of eight witnesses were called by the prosecution, including investigators, police officers, and a chemist.
The case was prosecuted by Deputy Public Prosecutor (DPP) Aida Fatimah Abd. Jabar Abdul Rahman while Rusneeda was represented by Ahmad Nizam Mohamed.