A Nigerian student, Joseph Metuh Onyinye has been freed of a drug charge in Malaysia after the prosecution failed to prove that he knew that an unopened parcel contained methamphetamine, known locally as syabu.
Justice Datuk Lim Chong Fong of the High Court in George Town, acquitted Onyinye, 35, without calling for his defence.
He ruled that the prosecution had failed to establish a prima facie case against the Nigerian, who was charged with trafficking 1.8kg of syabu.
He was charged with committing the offence on October 31, 2014, at about 3.10pm at Miami Green Resort Condominium in Batu Ferringhi, Penang.
In his decision, Lim said the prosecution had not proven possession as the parcel was still unopened and was intact at the point of arrest.
Moreover, it was not addressed to Onyinye.
“In this case, the prosecution has not proven possession because there was no evidence that he (Onyinye) had knowledge of the existence of the drugs inside the parcel that was delivered,” he said.
The Nigerian was charged with committing an offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which is punishable under Section 39B(2) of the same Act.
It carries the mandatory death penalty upon conviction.
However, he was handcuffed a short while after his release by officers from the Immigration Department as his visa had expired.
He may not be lucky on that score, as he may be bundled into the plane for a journey back to Nigeria, any time soon.
Metuh Onyinye, a 35 year-old student in the country shed tears of joy and expressed gratitude repeatedly after being freed of the charge, without his defence called.
NAN
