Accused In 112kg Drug Case Acquitted By Skin Of His Teeth

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Justice Ahmad Bache acquitted former businessman Saik Siew Chye after the defence successfully raised a reasonable doubt in the prosecution’s case.KUALA LUMPUR: The High Court has acquitted a former online cosmetic products businessman of two counts of trafficking drugs weighing a whopping 112kg at the entrance to a residential car park two years ago.
Justice Ahmad Bache, when setting Saik Siew Chye free, said the defence had successfully created doubt in the prosecution’s case.
“I don’t want to see you in my or any other court again. You are lucky to escape by the skin of your teeth.
“This is because the law states that an accused cannot be convicted due to shortcomings in the prosecution’s case. The benefit of the doubt must be given to you,” said Ahmad.
Saik, 52, was accused of trafficking almost 78kg of ketamine, 33kg of heroin and 1kg of 6-monoacetylmorphine.
He was accused of committing the offences at The Capsquare Residences in Dang Wangi here on Jan 15, 2021, at the height of the Covid-19 pandemic.
A police party ambushed Saik’s car and found the drugs packed and stored in cooler boxes placed on the rear passenger seat.
Ahmad said he believed the accused’s claim that the car had been rented by a person who went by the name “Alex” who had asked him to keep the car for a short period as Alex wanted to apply for a travel permit from the police to go outstation.
The judge also said he believed Saik’s explanation that he had been told by “Alex” the box contained disinfectant powder which was to be transported to Sungai Petani.
“Alex is not a fictitious character,” said Ahmad.
He said it was Alex who rented the car because the car rental owner, a prosecution witness, neither took copies of Saik’s personal documents nor collected a deposit from him when he came to collect the vehicle.
Ahmad said the evidence showed that Alex had called the owner to inform him that Saik wanted to rent the car.
“Alex was not produced in court in light of a challenge mounted by the defence,” the judge noted.
Initially, six people, including Saik, were charged in the magistrates’ court with trafficking but the charges against the others were not pursued when the trial began.
“The five were never produced in court nor offered to the defence,” Ahmad said, adding that there was no explanation for the prosecution’s change in stance.
Ahmad also exonerated Saik of “wilful blindness”, finding that he had diligently checked the contents of the boxes and believed them to be disinfectant powder.
Lawyers Hisyam Teh Poh Teik, Kee Wei Lon and Low Wei Loke represented Saik while deputy public prosecutor Isa Mohamad prosecuted. - FMT

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