By Dorcas Ting
KUCHING, June 9: A man accused of trafficking over 6kg of methamphetamine was acquitted and discharged by the High Court here today after the court ruled that the prosecution had failed to establish a prima facie case against him.
High Court Judge Datuk Azahari Kamal Ramli delivered the ruling, holding that the prosecution had not presented sufficient evidence to prove the essential elements of the offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952. As a result, the accused, John Wong Sing Cheng, was not required to enter his defence.
John was alleged to have trafficked 6,108.9 grammes of methamphetamine at approximately 8.55pm on July 30, 2020, at the international arrival hall of Kuching International Airport.
If convicted under Section 39B(1)(a), the offence carries the mandatory death penalty or life imprisonment with a minimum of 15 strokes of the cane.
In the charge sheet, it was stated that the quantity of the drugs exceeded the 50-gramme threshold that triggers the statutory presumption of trafficking under Section 37(da) of the Dangerous Drugs Act. The prosecution argued that the sheer volume—more than 122 times the minimum amount—invoked the presumption of trafficking.
However, Judge Azahari found a critical discrepancy in the prosecution’s case regarding the identity of the substance allegedly found in the accused’s luggage.
The judge said there is doubt regarding the identity of the drugs found in the said luggage. The charge states ‘methamphetamine,’ which is a synthetic drug.
He noted that two Customs officers stationed at Kuching International Airport had testified that the scanning machine displayed dark images in orange and green hues—colours which, according to their expertise, typically indicate organic or plant-based material.
The judge ruled that this has led to a discrepancy as to the identity of the drugs. This casts serious doubt on the prosecution’s case, and the benefit of the doubt must be given to the accused person.
The court thus found that the prosecution had failed to establish a prima facie case, and John was acquitted and discharged accordingly.
Wong, who was 26 at the time of his arrest, hails from Miri, Sarawak. He was represented by defence counsels Roger Chin, Osman Ibrahim, and Michael Kong.
The prosecution was led by Deputy Public Prosecutors Musli Bin Ab Hamid and Nur Anida Mohd Nasir.
Investigation records show that Wong was arrested on July 31, 2020, the day after the alleged offence. — DayakDaily
