[420 Girl]

PUTRAJAYA - A former petty trader sentenced to death for trafficking in 48.7kg of ganja walked out a free man yesterday. The Court of Appeal allowed the appeal of Hazrin Md Sari because of an error by the trial judge.

Hazrin, 35, raised both his hands in praise of God and thanked the judges. "I want to go to Klang now to see my family," said Hazrin, who had been in prison for more than eight years.

Judge Datuk Gopal Sri Ram, in setting aside the conviction, said the prosecution was not to be blamed for the acquittal. Sri Ram said no adverse inference could be drawn against Hazrin for remaining silent upon his arrest.

Sri Ram, who sat with Datuk Sulong Matjeraie and Datuk Sulaiman Daud, said it was to be noted that the trial judge came to the conclusion that Hazrin failed to inform the police about the existence of a "Badrul Hisham" and his role in the drug deal when a cautioned statement was recorded.

Sri Ram said the trial judge assumed that the statement did not contain the disclosure because Hazrin did not offer an explanation when defence was called.

"Imposing a duty on the appellant (Hazrin) to speak, when the law did not impose this on him, is a serious misdirection by the trial judge," he said.

Sri Ram said the court had no choice but to set aside the conviction which was manifestly unsafe.

Hisyam Teh Poh Teik, who represented Hazrin, had submitted that the appeal should be allowed because the prosecution failed to prove that his client had knowledge of the drugs. He said the ganja could have been "planted" by Badrul Hisham.

Hazrin was charged with trafficking in 48.7kg of ganja at the Sungai Dua toll plaza in Butterworth at 9.40pm on Dec 28, 1999.

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