By Dorcas Ting
KUCHING, Feb 28: The High Court today acquitted a 36-year-old man and a 37-year-old woman of charges related to the possession of 39.70 grammes of cannabis, more than four years after they were first charged.
The court cited insufficient evidence to establish a prima facie case against them.
High Court Judge Datuk Azahari Kamal Ramli ruled that the prosecution had failed to prove beyond reasonable doubt that the accused had control, custody, or knowledge of the illicit substance.
According to the amended charge sheet, both individuals were jointly accused of possessing cannabis at a shop premises on Jalan Temple at approximately 5pm on Dec 23, 2020.
The case stemmed from a Christmas Eve gathering attended by approximately 30 guests on the premises’ second floor. During the event, one of the guests reported that their car had been stolen.
The male accused went downstairs to assist but was approached by an e-hailing driver, who handed him a parcel moments before the police arrived and arrested him.
Meanwhile, the female accused was apprehended inside the premises during a police raid, where a small packet of cannabis was found on a table.
They were charged under Section 6 of the Dangerous Drugs Act 1952, punishable under Subsection 39A(1) of the same Act, read together with Section 34. If convicted, they could have faced a prison sentence of two to five years and a minimum of three strokes of the cane.
After reviewing the evidence, the court concluded that neither accused had actual knowledge of the drugs.
Additionally, the premises were accessible to multiple individuals, further weakening the prosecution’s case.
In a separate ruling, the male accused was also acquitted of a charge involving the trafficking of over 2.5 kilogrammes of cannabis.
He had been charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries a mandatory death sentence or life imprisonment with no fewer than 15 strokes of the cane upon conviction.
However, the judge ruled that the prosecution had failed to establish possession with knowledge, a key element in proving the charge.
“The weaknesses in the presentation of evidence have significantly undermined the prosecution’s case,” Judge Azahari stated.
Throughout the trial, the prosecution called 10 witnesses. The male accused was represented by lawyer Roger Chin, while Osman Ibrahim acted as legal counsel for the female accused. Deputy Public Prosecutor Ng Xiang Hua led the prosecution. – DayakDaily
