SIBU: A 39-year-old man escaped the gallows after the High Court here acquitted him of the drug trafficking charge.
Judicial Commissioner Christopher Chin Soo Yin made the decision after determining that the prosecution had failed to establish a prima facie case against the accused, George Ting Sing Ming.
Chin also decided that there was reasonable doubt in the prosecution’s evidence due to the expertise and skill of the chemist in the case.
Ting was charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952, which is punishable under Sub-section 39B (2) of the same Act.
This section provides for a mandatory death sentence upon conviction.
According to the charge, Ting was alleged to have distributed 490.22 grams of cannabis on January 7, 2020 around 1pm at a house in Lorong Ulu Sungai Merah 40A.
During today’s proceedings, defence counsel Jacob Wong in his testimony said that the prosecution failed to prove the actual weight of the cannabis.
Jacob said as agreed by the chemist, the drug weighed 490.22 grams because there was moisture and this was not the dry weight of the drug.
Therefore, the prosecution did not prove that Ting traffick the dangerous drug, he said.
Jacob was assisted by attorney Jessie Wong.
Chin stated in his decision that while he was satisfied that the drug involved was marijuana, he was not satisfied that the first ingredient in the offence had been prescribed.
“Therefore, a prima facie case has not been made from the outset against the accused by the prosecution.
“As a result, I do not have to deal with other materials from these offences or the arguments by the parties involved.”
“Also, from the expertise of the chemists in question he stated that there are legitimate concerns in the prosecution’s case.”
During the trial, which lasted from April 19 to April 23, seven witnesses were called.
Mohamad Zulfadhli Tuah, Deputy Public Prosecutor, led the prosecution.
