KUCHING, APRIL 22: A former kolo mee seller escaped the gallows after the High Court here acquitted and discharged him of drug possession and trafficking charges from two years ago.
Chester Lau Zi Yung, 25, was charged with one charge of trafficking 76.5 grammes of methamphetamine and two charges of possessing 40.04 grammes of 3,4-Methylenedioxy methamphetamine and 211.05 grammes of ketamine at a coffee shop in BDC, at about 4.50pm on Feb 18, 2020.
For drug trafficking, he was charged under Section 39(b)(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act which carries a death sentence, or imprisonment for life and with whipping upon conviction.
For drug possession, he was charged under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Section 12(3) of the same Act, which carries a fine not exceeding RM100,000 or with jail term not more than five years, or both, upon conviction.
High Court Judge Dr Alwi Abdul Wahab, in delivering his judgement, ruled that there were contradictions to witnesses’ evidence during the trial.
The Court was told that on the day the accused was arrested, there were other two men at the scene who had escaped in which the prosecution also admitted that they did not make any observation before the arrest was made.
The prosecution led by Deputy Public Prosecutor Ronie Entili had called five witnesses to testify while the defendant had called three witnesses.
Meanwhile, the accused had pleaded guilty before Magistrate Zaiton Anuar for a charge under Section 12(2) of the Dangerous Drugs Act 1952.
He was found possessing 778.1 grammes of ketamine at a house in Batu Kawah New Township at about 5.30pm on Feb 18 ,2020.
Magistrate Zaiton sentenced him to 12 months’ imprisonment with effect from the date of arrest.
The accused was represented by counsels Camillus Lau and Norman Liew.— DayakDaily
