Kota Kinabalu High Court Datuk Ian H C Chin yesterday discharged and acquitted project coordinator Mohd Jusnaidi Omar, 36, of a charge of trafficking 1,011gms of cannabis and possession of 23.98gms of syabu.
However, the younger brother of Entrepreneur and Cooperative Development Minister Datuk Mohd Noh Omar, was re-arrested after coming out of the courtroom and now detained for 60 days without trial as provided for under the Dangerous Drugs (Preventive Measures) Act.
Mohd Jusnaidi thus escaped the hangman's noose for the trafficking charge and
imprisonment of between two and five years plus between three and nine strokes of the rotan for drugs possession.
Justice Chin, in his judgement, held that the prosecution failure to call Mohd Jusnaidi's second wife Nurul Ashikin to testify during the trial was fatal to the prosecution case.
Mohd Jusnaidi, in his defence, told the court that he did not know about the drugs in his bag until he and Nurul were arrested at Terminal 2, Low Cost Carrier Terminal at Tanjung Aru at 10am on May 20, last year.
He said it was Nurul who packed their clothing before leaving for Kota Kinabalu and could had wrongly put in the drugs instead of bird nest.Mohd Jusnaidi had told the court that Nurul's cousin Ella and boyfriend who were staying with them in Selangor were drugs addicts.
Mohd Jusnaidi was defenced by Zahir Hussein Shah while the prosecution was conducted by Deputy Public Prosecutor Gan Peng Kun.