KUALA LUMPUR – A female singer, identified as Emily, was acquitted and discharged by the High Court today after her drug trafficking case, which began three years ago, was dismissed sparing her from a possible death sentence or life imprisonment.
Judge Noor Ruwena Md Nurdin made the ruling after finding that the prosecution had failed to establish a prima facie case.
“The accused is acquitted and discharged without having to enter her defence,” she said.
According to the charge, Emily and three other individuals were accused of trafficking 400 grammes of cocaine at a residence in Brickfields on Nov 23, 2023.
The charge was brought under Section 39B(1)(a) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code, which carries the death penalty or life imprisonment, along with whipping, upon conviction.
Emily’s lawyer, Sivahnanthan Ragava said the ruling clearly demonstrated that there was no solid evidence linking his client to the drugs.
He added that although the prosecution argued that the drugs were found in the house, the court found no evidence connecting his client to the substance.
“The court was not satisfied with the evidence presented and found no element of control by her over the drugs.
“In serious cases such as this, the burden of proof is very high, and the prosecution failed to establish its case,” he said. He was assisted by lawyer Cyrus Tiu Foo Woei.
Meanwhile, the court ordered the three other accused, represented by lawyers C. Paul, Jay Moy and Gurmit Singh, to enter their defence after finding that a prima facie case had been established against them.
The prosecution was conducted by Deputy Public Prosecutor Mohamad Shahrizzat Amadan.