Court of Appeal upholds decision to discharge and acquit man of drug trafficking, possession charges

Hazlan (left) was discharged and acquitted.

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By Dorcas Ting

KUCHING, June 20: The Court of Appeal maintained a High Court decision to discharge and acquitt a man who was initially charged with trafficking and possessing cannabis.

Hazlan Sallarh Baihaki was charged in the High Court with two charges for trafficking 986 grammes of cannabis and possessing 17.10 grammes of cannabis, in front of the Post Office at Jalan Song at about 5.45pm on August 20, 2018.

He was charged under Section 39(B)(1)(a) of the Dangerous Drugs Act 1952 and punishable under subsection 39B(2) of the same Act for drug trafficking, which carries a death sentence or imprisonment for life and with whipping, upon conviction.

He was also charged under Section 6 of the Dangerous Drugs Act 1952 and punishable under section 6 of the same Act for possessing cannabis, which carries imprisonment not exceeding 5 years or fine not exceeding RM25,000, or both, upon conviction.

The prosecution called nine witnesses.

On April 15, 2020, High Court Judge Christopher Chin Soo Yin ruled that the prosecution had failed to prove a prima face case and therefore acquitted and discharged the respondent.

The three-men Court of Appeal bench led by Datuk Yaacob MD Sam, Datuk Supang Lian and Dato’ Gunalan Muniandy unanimously struck out the appeal and maintained the decision of the High Court.

The appellant was represented by Mohd Fairuz Johari and whereas the respondent was represented by counsels Osman Ibrahim, Roger Chin and Nur Atigah Kulah. — DayakDaily