Popular Brunei Ex-Kristal DJ Freed In Miri Of Drug Charge
Photos were posted on 25 Jun 2009 at 1:15pm
Written by George Francis
Nairol Hamizah Hamzah with her husband Hirmin Latip
Could Have Been Jailed For Life
Breaking News:
Miri – Pretty twenty-seven-year old former Brunei Kristal DJ, Nairol Hamizah Hamzah and her husband Brunei Shell engineer Hirmin Latip, 30, charged with alleged drug pushing in Sarawak walked out free today as a court in Miri ruled there was no case to answer.
They were accused of being in joint possession of 94.57 grammes of cannabis at 9.30pm on February 22, this year at the Malaysian-Brunei Immigration Border Post, Sungai Tujoh and charged.
The Brunei couple, if convicted, could have been jailed for five years or for life and up to 10 strokes of the cane.
Judge Ducan Sikodol heard that the Miri Narcotics Police followed the Brunei couple in two cars from E-Mart in Permyjaya, in Miri to the Sungai Tujoh Immigration Border where an inspection found that they allegedly had in their possession dried leaves believed to be ‘ganja’ (marijuana), the sessions court in Miri heard.
ASP Gabriel Risut, an officer from the Narcotics Department of Miri Police Divisional headquarters, said he led a team on February 22, around 9.30pm and he knocked on the passenger side window of the couple’s car, bearing registration KH 933, as it stopped at the border post.
“I identified myself to the couple and asked for their papers before directing the car to park to the left.
“Then I asked them to come out of the car,” continued ASP Gabriel, the first prosecution witness at the trial of the young Brunei couple.
In the process of inspecting the vehicle witnessed by Nairol, together with Sgt John and Sgt Dennis, ASP Gabriel said they found dried leaves believed to be ‘ganja’ compressed in perfect square wrapped in one yellow-coloured plastic packet written ‘Super Safe’ on it.
Other items found inside were tendered as exhibits by assistant public prosecutor Franklin Bennet. The Brunei couple was represented by counsels Ranbir Singh and S H Lim. The hearing was before Judge Duncan Sikodol.
ASP Gabriel told the court that the two were brought to the Miri Narcotic Department for urine tests.
Hirmin Latip was found positive and the two were handed over to the investigating officer Probationary Inspector Noor Afenndy. They were remanded in Miri Police Station.
Hirmin Latip was kept under detention in Lambir Prison pending trial, as the case allowed no bail, while his wife, Nairol Hamizah Hamzah, was freed on extended court bail of RM10, 000.
During the hearing Defence Counsel Ranbir and Lim, also cast doubt as to where actually the offence was comitted.
They submitted to the court that the prosecution witnesses had testified that beyond the Immigration “pondok” was Brunei.
“The question that arises now is whether the alleged offence was committed within the jurisdiction of Brunei or Malaysia. The only way to resolve the doubt would be calling a Lands and Survey expert to resolve the doubt which was not done. This doubt ought to be resolved in favour of the defence.”
The couple’s lawyers then submitted a no case to answer plea without defence being called. The court agreed to free them in acquitting and discharging them.
“The standard of proof to be applied is the prima facie standard of proof which requires the maximum evaluation of the evidence available,” said the defence lawyers.
.
The defence also submitted that ASP Gabriel Risut who led the Miri Narcotics Police to the Sungai Tujoh had failed to come up with an adequate explanation as to the discrepancy concerning the time of the alleged offence.
He said the prosecution’s failure meant that for the purpose of this trial no incriminating substance had been brought before the court, adding, “as such it cannot be said that both accused persons were in possession of dangerous drugs especially since there is nothing before the court which is admissible in evidence”.
The defence’s contention at all times was that Detective Andrew stopped the couple’s vehicle at 9.00pm and confronted both the accused persons outside the vehicle while another white vehicle was also detained by the detective.
The place of alleged offence was at the Immigration Border Post Sungai Tujoh but the search on the vehicle, according to ASP Gabriel, was before the immigration “pondok.”
However, Ranbir said all other witnesses and the sketch plan indicated that the search took place beyond the “pondok”, the defence lawyers submitted.
The prosecution had failed to establish the location of the alleged offence which in turn led to the conclusion that if the prosecution could not even establish the location of the search conducted on the vehicle, and then most definitely the prosecution had failed to establish the crucial element of “possession,” defence argued.
“Perhaps the most important indicator of a botched investigation is that ASP Gabriel stated the gross weight of the drugs as 105 grammes. The envelope which the investigating officer, Inspector Noor Azfandy referred to stated that the gross weight of the alleged drugs was 100.5 grannies and the chemist stated that the gross weight was 99.1529 grammes. The wide variation in the gross weight is indicative of a mix-up of exhibits,” the court heard”
The couple who are both from Belait District in Brunei, were charged with having 105 grammes of ‘ganja’ in their possession.
Popular Brunei Ex-Kristal DJ Freed In Miri Of Drug Charge
Last Updated on Saturday, 27 June 2009 10:39 Written by George Francis Thursday, 25 June 2009 18:32
Nairol Hamizah Hamzah with her husband Hirmin Latip
Could Have Been Jailed For Life
Miri - Pretty twenty-seven-year old former Brunei Kristal DJ, Nairol Hamizah Hamzah and her husband Brunei Shell engineer Hirmin Latip, 30, charged with alleged drug pushing in Sarawak walked out free today as a court in Miri ruled there was no case to answer.
They were accused of being in joint possession of 94.57 grammes of cannabis at 9.30pm on February 22, this year at the Malaysian-Brunei Immigration Border Post, Sungai Tujoh and charged.
The Brunei couple, if convicted, could have been jailed for five years or for life and up to 10 strokes of the cane.
Judge Ducan Sikodol heard that the Miri Narcotics Police followed the Brunei couple in two cars from E-Mart in Permyjaya, in Miri to the Sungai Tujoh Immigration Border where an inspection found that they allegedly had in their possession dried leaves believed to be 'ganja' (marijuana), the sessions court in Miri heard.
ASP Gabriel Risut, an officer from the Narcotics Department of Miri Police Divisional headquarters, said he led a team on February 22, around 9.30pm and he knocked on the passenger side window of the couple's car, bearing registration KH 933, as it stopped at the border post.
"I identified myself to the couple and asked for their papers before directing the car to park to the left.
"Then I asked them to come out of the car," continued ASP Gabriel, the first prosecution witness at the trial of the young Brunei couple.
In the process of inspecting the vehicle witnessed by Nairol, together with Sgt John and Sgt Dennis, ASP Gabriel said they found dried leaves believed to be 'ganja' compressed in perfect square wrapped in one yellow-coloured plastic packet written 'Super Safe' on it.
Other items found inside were tendered as exhibits by assistant public prosecutor Franklin Bennet. The Brunei couple was represented by counsels Ranbir Singh and S H Lim. The hearing was before Judge Duncan Sikodol.
ASP Gabriel told the court that the two were brought to the Miri Narcotic Department for urine tests.
Hirmin Latip was found positive and the two were handed over to the investigating officer Probationary Inspector Noor Afenndy. They were remanded in Miri Police Station.
Hirmin Latip was kept under detention in Lambir Prison pending trial, as the case allowed no bail, while his wife, Nairol Hamizah Hamzah, was freed on extended court bail of RM10, 000.
During the hearing Defence Counsel Ranbir and Lim, also cast doubt as to where actually the offence was comitted.
They submitted to the court that the prosecution witnesses had testified that beyond the Immigration "pondok" was Brunei.
"The question that arises now is whether the alleged offence was committed within the jurisdiction of Brunei or Malaysia. The only way to resolve the doubt would be calling a Lands and Survey expert to resolve the doubt which was not done. This doubt ought to be resolved in favour of the defence."
The couple's lawyers then submitted a no case to answer plea without defence being called. The court agreed to free them in acquitting and discharging them.
"The standard of proof to be applied is the prima facie standard of proof which requires the maximum evaluation of the evidence available," said the defence lawyers.
.
The defence also submitted that ASP Gabriel Risut who led the Miri Narcotics Police to the Sungai Tujoh had failed to come up with an adequate explanation as to the discrepancy concerning the time of the alleged offence.
He said the prosecution's failure meant that for the purpose of this trial no incriminating substance had been brought before the court, adding, "as such it cannot be said that both accused persons were in possession of dangerous drugs especially since there is nothing before the court which is admissible in evidence".
The defence's contention at all times was that Detective Andrew stopped the couple's vehicle at 9.00pm and confronted both the accused persons outside the vehicle while another white vehicle was also detained by the detective.
The place of alleged offence was at the Immigration Border Post Sungai Tujoh but the search on the vehicle, according to ASP Gabriel, was before the immigration "pondok."
However, Ranbir said all other witnesses and the sketch plan indicated that the search took place beyond the "pondok", the defence lawyers submitted.
The prosecution had failed to establish the location of the alleged offence which in turn led to the conclusion that if the prosecution could not even establish the location of the search conducted on the vehicle, and then most definitely the prosecution had failed to establish the crucial element of "possession," defence argued.
"Perhaps the most important indicator of a botched investigation is that ASP Gabriel stated the gross weight of the drugs as 105 grammes. The envelope which the investigating officer, Inspector Noor Azfandy referred to stated that the gross weight of the alleged drugs was 100.5 grannies and the chemist stated that the gross weight was 99.1529 grammes. The wide variation in the gross weight is indicative of a mix-up of exhibits," the court heard"
The couple who are both from Belait District in Brunei, were charged with having 105 grammes of 'ganja' in their possession.
Is this a celebration?
written by Postman , June 26, 2009
From what I read in this article, guilty or not, acquitted or not, the fundamental issue here is how this article is conveying its message. Why this article seems to portray that this couple as seen to be a exemplary conquest? Isn't this a bad reflection for the young new generation of Brunei? The article clearly stated that the engineer was tested positive and they had in their possession the package, believe it or not, both parties are high profiler in their own rights; so they know what they into. Moreover, you could see the "pretty" engaging in public "R... 6th bonanza" & promoting "e boutique" : not a welcoming gesture for young upcoming generation to emulate. Young generation would say,"see, they did something but they are still ok, we should just chill perhaps?" Forgiving is good, but just don't pass on a misleading message.
potatoe poTAtoe
written by postwoman , June 26, 2009 Forget setting example to the younger generation. As parents to-be, what example are you setting for your own child?
They were clearly in posssession. 'Beyond pondok' on not. Thats guilty in anyone's book.
What goes around WILL come around...
written by Pengomen , June 26, 2009 I couldn't agree more with the Mr. Postman. The report did portray some kind of victory for the two allegedly famous couple in Brunei. One doesn't have to read law to understand that both were supposedly guilty of the crime they committed. The only thing that spared them from justice was carelessness of the enforcement officers while conducting the search. They can consider themselves as lucky this time around but I hope someday justice will prevail.I hope youngsters in Brunei will now know who the real ex-DJ is. Frankly speaking, I hope the youngstgers can learn something out of this and please do not see it as a victory because someday you might not know what's in store for you...
Shameless antics of a drug abusing so-called celebrity...will the couple learn their lesson?
written by Unreservedly Disgusted , June 26, 2009 It is due to a legal technicality that this couple escaped the jail sentence or worse. No doubt fortunate for them but unfortunate for the Malaysian authorities who want to stop drug trafficking across the border.
Drug abuse has become the scourge of our nation and our neigbouring countries, reducing our able-bodied youths to mindless addicts with criminal desperation. We spent so much effort and resources to counter this situation in Brunei and yet, here we are, reading about a self-promoting 'celeb' being jubilant about having avoided imprisonment when they were actually caught carrying a substantial amount of marijuana into Brunei from Miri.
I understand that it must be a welcomed relief for them personally but for the rest of us drug-free Bruneians, it's an embarassment for the community. Seriously, should we endorse their behaviour & act like nothing happened?? So being a celebrity blogger and DJ gives you immunity from the laws??
I hope they have learnt their lesson and turn over a new leaf, "Insaf tah" nya orang tani. Escaping jail in Malaysia, ok...mun kan buat lagi...there are jails too in Brunei, you know.
