The Seremban High Court has freed South Korean student, Kim Yun Soung, 20, of drug trafficking after the main witness of the case lied during cross examination.
The judgement was made by high court judge Abu Bakar Jais after examining and hearing facts of the case as well as the arguments by both the defence and the prosecution.
In his argument, the accused lawyer, Gobind Singh Deo asked the court for a discharge and acquittal of Kim which is in accordance with Section 254 (3) of the Criminal Procedure Code.
This was due to the main witness’ admission of lying during cross examination which diminishes the person’s credibility as a government servant.
Deputy public prosecutor Rahimah Abd Majid applied to the court for the accused to be discharged without being acquitted from the charge as there is no reason to set aside the prosecution.
Taking into account the arguments of both side, Abu Bakar ordered for Kim to be released and returned to the defence.
On hearing the judgement, the accused grandmother, Youn Young Ae, 67 cried uncontrollably in and outside the court house.
"I am so happy and relieved and cannot describe my feelings. I will return to South Korea tonight as Yun Soung suffered for one year while under detention," said Young Ae who resides in Kota Kinabalu, Sabah since 2005.
Young Ae said they will all rest in their home country for two weeks before her grandson returns to Nilai to continue with his studies at a private college.
Meanwhile Rahimah said following the false statement given by the witness, the prosecution will conduct an investigation by recording the statement of all parties including the court interpreter.
She said the case will be investigated under Section 194 of the Penal Code for giving a false statement in court while under oath, of which if convicted carries a jail sentence of 20 years.
Kim, 20, a student at one of the private colleges in Nilai, was arrested at a house in Nilai on Oct 19 at 12.30am last year, for allegedly being involved in the trafficking of 219 grams of cannabis and was detained under Section 39B (1) (a) of the Dangerous Drugs Act (1952).
Translated from Harian Metro