KUCHING: A man, who was charged with drug trafficking, escaped the hangman’s noose after the High Court ruled that the prosecution had failed to prove the case beyond reasonable doubt.
High Court Judge Azahari Kamal Ramli said although the prosecution had proven that the accused possessed the drugs, there were serious doubts as to the actual weight of the drugs as analysed by the Chemistry Department.
Accordingly, the court ruled that convicting the accused was not safe.
The accused, Wan Ming Swee of Kota Sentosa, was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which carries the mandatory death penalty, upon conviction.
He was charged with trafficking 276.9g of methamphetamine in a car park at Jalan Jamboree off Jalan Stakan Batu 7 on Jan 15, 2019.
Wan has been remanded in Puncak Borneo Prison since his arrest.
Deputy public prosecutor Michelle Lim Wan Chen prosecuted the case while the accused was represented by lawyers Major (B) Haji Osman Ibrahim, Nursyaheeqa Nazwa Radzali and Nur Atiqah Kulah.