SHAH ALAM: Well known actor and comedian Saiful Apek and three of his staff were ordered by the High Court here yesterday to enter their defence on charges of taking drugs three years ago.
Judge Datuk Abdul Alim Abdullah allowed the prosecution’s appeal against the decision of the Petaling Jaya Magistrates Court which had acquitted them in June 2012.
Abdul Alim said it was impossible for all the urine samples of the four accused to have been tested on June 12 2011 but labeled Sept 12 2011.
Furthermore, the gaps in the prosecution case had explanations and all the accused tested positive for drugs, he added.
“The court upholds justice, so I’m setting aside the Magistrate’s decision and ordering all the respondents to enter their defence at the same Magistrates Court,” he said.
The judge set Monday for the Petaling Jaya Magistrates Court case mention and released them on a RM2,000 bail with one surety each.
On June 25 2012, Magistrate Ahmad Solihin Abd Wahid had discharged Saiful Apek, 43, (actual name Mohd Saifulazam Mohamed Yusoff), Shah Zainatull Ehsan Al-Muazam Shah Yahya, 28, Shaiful Baharom, 24, and Noremy Mohamad, 28, who worked in Gitu-Gitu Production, Saiful Apek’s production company, saying the prosecution had failed to prove a prima facie case against them.
They were charged under Section 15(1) of the Dangerous Drugs Act which carries a maximum imprisonment of two years or RM5,000 fine, upon conviction.
Deputy public prosecutor Ahmad Ishrakh Saad appeared for the prosecution while the accused were represented by lawyer Mohd Fadly Hashim. — Bernama