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Bangladeshi escapes gallows over 3.8kg cannabis found in hostel

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Court of Appeal says the trial judge committed ‘an error in fact and law’.

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Free Malaysia Today
Bangladeshi student Mohammad Habibul Hassan Khan had claimed the bag of drugs belonged to another student who later committed suicide. (Reuters pic)

PUTRAJAYA:
A Bangladeshi, who used to study at a private university in Semenyih, escaped the gallows today after the Court of Appeal set aside his conviction for trafficking in 3.8kg of cannabis.

A three-member bench, chaired by Hanipah Farikullah, said there was merit in the appeal by former engineering student Mohammad Habibul Hassan Khan, 26, although a bag containing the drugs was found in his hostel room.

“The prosecution failed to prove the element of knowledge (on the drugs found in the room),” said Hanipah, who sat with Che Mohd Ruzima Ghazali and Mariana Yahya.

He said Habibul had also disclosed his defence at the earliest opportunity that the bag belonged to another student, whom he identified as “Jawad”.

Jawad, who stayed outside the Nottingham University in Semenyih, committed suicide a day after Habibul was caught with the bag.

Hanipah, however, said the trial judge did not accept this evidence and merely brushed it aside as bare denial and an afterthought.

“The trial judge committed an error in fact and law,” she said.

Hanipah said Habibul’s confession to his hostel warden, Shazereen Kamaruddin, could not be accepted as the trial judge did not ask the right questions.

“There is a misdirection as he failed to evaluate whether Habibul did indeed make a confession to Shazereen,” she said, adding that the appeal warranted appellate intervention.

Lawyer Hisyam Teh Poh Teik, who was assisted by N Sivananthan and Nabilah Habib, earlier submitted that Shazereen’s evidence on the confession did not corroborate with other prosecution witnesses.

Deputy public prosecutor Nurul Farhana Khalid said there was overwhelming evidence that Habibul had custody, control and knowledge of the drugs that was given by Jawad.

Habibul is said to have confessed to Shazereen that he brought the drugs from Kuala Lumpur to sell it to cover his hostel fees as his family faced financial difficulties.

The trial was told that the university authorities suspected that Habibul kept the drugs in his room, and Shazereen and his colleagues conducted a search and found a bag hanging behind the toilet.

They brought him to the university command centre where the alleged confession was made before he was handed over to the police.

The incident was said to have taken place in Habibul’s room at the university’s Tioman Hall at about 11pm on Dec 10, 2017.

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