IPOH: A husband and his wife have been acquitted and discharged of three drug charges by the High Court here.
Justice Datuk Abdul Wahab Mohamed made the decision after finding that the prosecution had failed to prove with reasonable doubt the allegations made against Yong Shin Haw, 48, and Felicia Diong Chew Li, 38.
Both accused were jointly charged under Section 39B(1)(a) and Section 12(2) of the Dangerous Drugs Act.
In the first charge under Section 39B(1), both accused were said to have distributed about 1,458g of methamphetamine at a house in Kampung Selamat, Sitiawan on Feb 24, 2020, at about 3.40pm.
In the second charge under Section 12(2), they were accused of possessing about 8.4g of heroin and 1.5g of monoacetylmorphines at the same location, date and time.
In the third charge under Section 12(2), both were said to have in possession about 42.5g of 3,4 methylenedioxymethamphetamine (ecstasy) in front of the house in Kampung Selamat on the same date at about 3.30pm.
In his grounds of judgment, Abdul Wahab said the prosecution had failed to prove that the drugs had belonged to the accused.
He said the existence of another person, a tenant who had access to the house, showed that there was a possibility that the drugs could have belonged to him, instead of both accused.
"The accused's DNA and fingerprints were also not found on the drugs or equipment used for taking the drugs," he said.
Lawyers S. Selvam and T. Gayathrie represented the accused while Deputy Public Prosecutor Liyana Zawawi Mohd Radzi prosecuted.
Shortly after an interval, Yong was found guilty of a fourth charge under Section 12(2) of the Dangerous Drugs Act.
Yong, a contractor, was said to have been in possession of about 11.4g of methamphetamine in front of the house on Feb 24, 2020, at about 3.30pm.
Abdul Wahab said the accused failed to prove with reasonable doubt that the drugs, which were found in a sling bag, was not his.
When pleading for a lower sentence, Selvam said Yong still needed to take care of his family.
"He has three daughters and had hoped to be reunited with his family.
"He also has a 72-year-old mother who needs caring," said Selvam.
"He has high blood pressure and a weak heart and hopes to get the minimum amount of whipping.
"He apologises to the court, the prosecutor and the police and promised not to repeat the offence," he added.
Abdul Wahab sentenced Yong to five years in jail starting from the date of his arrest on Feb 24, 2020, and to be whipped three times.
When met after the proceedings, Selvam said Yong could return home after being whipped and need not be jailed.
"Taking into account the one-third remission of public holidays, he has already served his time in jail," he said.
Yong could be seen hugging his three children following the sentencing.
One of his daughters could also be seen wiping away tears.
