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Prosecution rapped for not producing evidence in court |
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Friday, 20 July 2007 08:11am |
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©The Star
(Used by permission)
JOHOR BARU: A High Court judge chided the prosecution yesterday for not
being able to produce evidence in a drug case.
“This is common for the prosecution team in Johor Baru.
“Missing SIM card, missing weighing scale, (and) missing speakers,” said Justice
Mohd Zawawi Salleh when hearing submissions from defence counsel Norman
Fernandez and K. Gnasegaraan and Deputy Public Prosecutor Husmin Husin.
In the dock were K. Nanda Kumar and M. Poobalan, both 30, who were charged with
trafficking in 6004.3gm of cannabis in front of Hotel Apollo in Taman Ungku Tun
Aminah on Aug 24, 2002.
Gnasegaraan, for Nanda Kumar, said that without the SIM card and phone records,
the prosecution could not prove calls were made and negotiations took place over
the drug deal.
Fernandez contended that there were doubts that the drugs were at the scene as
they were not produced in court.
“Even a photo of the evidence was not produced in court,” he said.
He said witnesses testified that RM22,000 cash had been used to lure the drug
traffickers into completing the deal, but no record of the money was found.
“A policeman said he took the RM22,000 from the state narcotics chief, but the
serial numbers of the money were not noted down,” Fernandez said.
Justice Mohd Zawawi is expected to deliver a decision on Wednesday.
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