By Dorcas Ting
KUCHING, Sept 5: A man who faced two drug trafficking charges was acquitted by the Kuching High Court.
Goh Sie Kiat, 26, was charged with trafficking 371.23 grammes of methamphetamine and 495.10 grammes of 3,4-Methylenedioxy (MDMA) on June 21, 2018 at about 11.30am at an apartment unit at MJC, Batu Kawa.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which is punishable under subsection 39B(2) of the same Act.
Judge Dato’ Lee Heng Cheong found that there was serious doubt as to whether the accused had exclusive possession of the drugs since the drugs were never found on the accused’s person.
The only evidence from the prosecution was the keys and access key card to a block of apartments where the unit containing the drugs is situated, which were found on the accused’s body and which was ruled insufficient to prove the accused was an occupier of the said unit.
In light of this, the court found that the defence’s evidence had cast reasonable doubt on the prosecution’s case and the prosecution had failed in proving the two charges against the accused beyond all reasonable doubt.
DPP Musli Abdul Hamid prosecuted while the accused was represented by Counsels Camillus Lau, Norman Liew and Hazel Lai. — DayakDaily
