By Dorcas Ting
KUCHING, July 14: The High Court here today discharged and acquitted a 38-year-old man of a capital drug trafficking charge, after ruling that the prosecution had failed to establish a prima facie case.
The accused, Max Donald James Jimmy, was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, for allegedly trafficking 7,345.7 grams of methamphetamine.
The amended charge alleged that Max had committed the offence on May 20, 2023, at approximately 11.35pm, at the roadside in front of the International Arrival Hall of the Kuching International Airport (KIA).
The charge carries the mandatory death penalty, or life imprisonment with a minimum of 15 strokes of the cane, upon conviction.
Max had been held on remand since the date of his arrest.
During the trial, the prosecution called nine witnesses in an attempt to prove its case.
However, on July 14, 2025, Judicial Commissioner Leonard David Shim ruled that the prosecution had failed to prove a prima facie case, particularly in relation to the identity and weight of the alleged drug contained in Exhibit P21—a ‘Premier Box’ seized by police.
According to court records, the box in question was checked in as baggage on May 20, 2023, at Kuala Lumpur International Airport (KLIA).
The airline’s luggage system recorded the box’s gross weight as 15kg. However, upon its arrival at KIA, police later weighed the same exhibit and recorded a total weight of only 10,301.50 grams (approximately 10.3kg).
Justice Shim noted that there was no investigation or explanation provided for the discrepancy of nearly 5kg, nor any evidence to account for the missing weight.
This unexplained difference, the judge said, was fatal to the prosecution’s case and raised serious doubts about the integrity of the evidence.
The defence had submitted that the possibility of the box being tampered with could not be ruled out. After considering the evidence, trial exhibits, and submissions from both sides, the court concluded that it was not safe to call for the defence.
Accordingly, Max Donald James Jimmy was discharged and acquitted of the charge.
The prosecution was led by Deputy Public Prosecutor Mohd Fillanny Siji, while the accused was represented by Osman Ibrahim and Roger Chin. — DayakDaily
