PUTRAJAYA – A contractor escaped the hangman’s noose after he succeeded at the Court of Appeal to set aside his conviction and death sentence for drug trafficking offences.
Feroz Mohamed’s appeal was allowed by the three-member bench comprising justices Datuk Vazeer Alam Mydin Meera, Datuk M. Gunalan and Datuk S.M. Komathy Suppiah today.
In the court’s ruling, justice Vazeer held that Feroz’s conviction was not safe to be upheld.
The judge said that this was because the prosecution’s case was based on the raiding officer’s testimony, which was doubtful, and the testimony cast suspicion on his credibility as to what actually transpired on that day.
Feroz’s counsel, Afifuddin Ahmad Hafifi, confirmed the decision of the Court of Appeal today.
On November 26, 2021, the high court convicted Feroz on two charges of trafficking cannabis and sentenced him to death.
For the first charge, the 47-year-old man was accused of trafficking 10,221.50g of cannabis at a house in Jalan Permatang Kuala in Penaga, North Seberang Prai, Penang, at 1pm on June 25, 2018.
He was also accused of trafficking 2,354g of cannabis at a flat at Taman Seri Pinang in Seberang Prai Utara, Penang, at 2pm, on the same day.
Afifuddin submitted three issues before the court today, including the failure of the high court judge to consider the credibility of a police officer who testified.
The officer was part of the team that raided the house where the drugs were found, and he was the person who discovered the drugs in the car driven by Feroz. He also went to the flat where drugs were also found, with the directions provided by Feroz.
Afifuddin argued that a recording made by a defence witness who met the raiding officer, before the witness gave evidence in court, showed that a man by the name of Taiyob existed, adding that police did not investigate or locate the man.
Feroz’s defence was that the drugs belonged to Taiyob, who was staying in the flat where the drugs were found. He also claimed that Taiyob had used the car and that the drugs belonged to him. His defence was that police were looking for Taiyob and not him.
Deputy public prosecutor Dhiya Syazwani Izyan Mohd Akhir appeared for the prosecution. – September 15, 2023