JOHOR BAHRU: The High Court here has acquitted and discharged a contractor of two charges of trafficking and possessing drugs five years ago.
Judge Noor Hayati Mat made the ruling freeing Wong Shee Kay, 53, after finding that the prosecution failed to establish a prima facie case against the accused at the end of the prosecution case.
In her judgement, Noor Hayati said that based on the evaluation of all the evidence presented in court, there was no relevant evidence or fact to link the accused to the drugs found.
"The drugs in question were in the bonnet of a Toyota Camry car belonging to the accused’s sister, and although the accused had the key and the remote control, they could not be used to open the bonnet.
"The distance between the car and the location where the accused was arrested is also quite far and takes almost 30 minutes. There is no evidence that the accused was at Jalan Saga 16, where the car was found in front of a house.
"After examining the notes of the proceedings submitted by both parties, the court opined that the prosecution failed to establish a prima facie case against the accused. Therefore, the accused is acquitted and discharged without having to defend himself,” she said.
Based on the charge sheet, the accused had allegedly distributed heroin weighing 7.81 kilogrammes (kg) in front of a house in Jalan Saga 16, Taman Desa Cemerlang, here at 3.30 am on Oct 30, 2018.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same act, which carries the death penalty if convicted.
At the same court, Wong was also acquitted and discharged of another charge of jointly possessing ketamine weighing 19.45 kg at the same location and time.
The charge was framed under Section 12(2) of the Dangerous Drugs Act 1952.
Deputy public prosecutor Mohamad Nasrudin Mohamed prosecuted while the accused was represented by lawyers Mohd Daud Ismail and Hang Lee Ying.
A total of 10 prosecution witnesses were called to testify throughout the trial, which had been conducted since last year. - Bernama
