KUALA LUMPUR: Former master’s student Siti Noor Aishah Atam walked out of the High Court a free woman today after being acquitted of possessing 12 terrorism-related books.
Judicial commissioner Datuk Mohamad Shariff Abu Samah made the decision after finding that the prosecution had failed to establish a prima facie case against the accused.
"The court therefore acquits and discharges the accused without having her defence called," he said.
Aishah, who was clad in a purple baju kurung and a long black hijab, turned towards her mother, father and younger brother who were sitting in the first row at the public gallery, and smiled with relief when she heard the verdict.
In his judgement, Mohamad Shariff said in this case, the exclusivity of possession of the items as per Section 130 JB (1)(a) of the Penal Code had not been successfully proven by the prosecution.
"There is no evidence showing that the accused had anything to do with the books which were found inside her bedroom, as the room has no door and it was open at all times, which means that it is accessible to anyone," he said, adding that the books were out in the open and not hidden.
On April 19 this year, Aishah, who was an Islamic Studies student at a public university, was charged at the Kemaman Magistrate's Court in Terengganu with possession of 12 publications related to terrorism.
She was accused of having in her possession books on Jemaah Islamiyah (JI), Islamic State (IS) and Al Qaeda (AQ) at Lot 1241, Jalan Lapangan Terbang Sura, Dungun, Terengganu, at 12.25pm on March 22.
She claimed trial to the offence on July 22 at the High Court here.
The charge under Section 130 JB(1)(a) carries a jail sentence of not more than seven years, or a fine, or forfeiture of any of the items, on conviction.
Deputy public prosecutor Mohamad Mustaffa P. Kunyalam prosecuted, while Aishah was represented by counsel Mohd Kamaruzaman A. Wahab.