A Nigerian woman charged with drug trafficking after she was found naked in public under the influence of narcotics, walked away a free woman after she was acquitted by the Federal Court here.
Sidibe Mariame, 26, was arrested after her indecent act on Feb 7, 2011 at Restaurant Jumbo in Cheras, and was later charged with trafficking 548.5g of
methamphetamine that was removed from her intestines after a surgical procedure.
A five-member panel of judges led by Justice Hasan Lah dismissed the prosecution's appeal after hearing two rounds of submissions from both parties, unanimously agreeing that Sidibe was in an intoxicated state and did not know what she was doing at the date, time and place of the crime.
Deputy public prosecutor Wan Shaharuddin Wan Ladin questioned the existence of a man called Michael, whom Sidibe claimed had forced her to swallow the capsules containing the drugs.
Wan Shaharuddin said the trial judge had based the existence of Michael on non-existing facts.
"The learned trial judge did not consider if Michael was a fictitious person, and the defence of this case would crumble if he did not exist," said Wan Shaharuddin.
Justice Mohamed Apandi Ali then interjected, reminding the court that this case was based on the law regarding intoxication.
Justice Azahar Mohamed agreed with his fellow panel, saying Sidibe was charged for drug trafficking at a specific place and time, which at that point she was intoxicated.
The defence team for Sidibe, led by Afifuddin Hafifi, reiterated in his submissions that his client was found to be credible.
"It was never challenged that she was not intoxicated and it is not undisputed she was going around naked and stopping vehicles on the street," he said.
Afifuddin also pointed out the basis of intoxication was due to the fact that 65 capsules was recovered after Sidibe underwent the surgery to remove the drug when she claimed to have swallowed 85 capsules.
"What happened to the rest of the capsules? Did it burst in the stomach? That was agreed by the trial judge," he said.
Upon hearing the judgment, Sidibe cried 'thank you' to the judges with her hands clasped in prayer.
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