KUALA LUMPUR: Two Customs enforcement officers escaped the gallows today, after the Federal Court set them free on a charge of trafficking in 6.7kg of cannabis in Padang Besar, Perlis, about four years ago.
A five-man bench chaired by Chief Judge of Malaya, Tan Sri Zulkefli Ahmad Makinudin acquitted and discharged Ismail Mansor, 46, and Nazni Seman, 51, after ruling that their conviction was unsafe.
He held that the prosecution’s failure to call a material witness, K. Ravindran had created a gap in the prosecution’s case.
The panel, which had Federal Court judges Tan Sri Suriyadi Halim Omar, Datuk Zainun Ali, Tan Sri Abu Samah Nordin and Datuk Zaharah Ibrahim, allowed the duo’s appeal to set aside their conviction and death sentence.
Ismail and Nazni, who were under suspension, were found guilty and sentenced to death by the Kangar High Court on October 9, 2012 with trafficking in the drug at a parking space meant for lorries of a cement factory in Bukit Keteri, Padang Besar in Perlis at 9.30pm on April 27, 2011.
They appealed to the Federal Court after they were unsuccessful in their attempt to set aside their conviction and death sentence at the Court of Appeal, which was dismissed on June 24, last year.
During submissions, counsel Amer Hamzah Arshad representing Ismail, said that evidence showed Ravindran had contacted Nazni and persuaded him to come to the location and his client (Ismail) drove Nazni to the location as he (Nazni) did not know how to drive.
Hisyam Teh Poh Teik argued that his client (Nazni) had no knowledge of the drugs and it was his defence that the actual trafficker was Ravindran who brought the box containing the drugs.
He said it was important for the prosecution to call Ravindran to rebut the defence version and its failure to do so was fatal.
Deputy public prosecutor K. Mangai submitted that there was no necessity to call Ravindran as a witness, in view of overwhelming evidence against the duo.
