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Two siblings face death over Syabu
Published on: Thursday, September 14, 2017

Kota Kinabalu: The trial of two brothers charged with trafficking 293.04gm of syabu began in the High Court here Wednesday.

Tan Chun Cheng, 41, and Tan Choon Hui, 39, are accused of trafficking the drug at 7.25pm on Dec 19, 2016 at the Towering Industrial Centre in Penampang.

They had, on May 3, pleaded not guilty to the charge under Section 39B(1)(a) of the Dangerous Drugs Act (DDA), which carries the death penalty on conviction.

Earlier, Deputy Public Prosecutor (DPP) Gan Peng Kun informed Judge Datuk Nurchaya Arshad that the prosecution would rely on Section 37A of the DDA to invoke the presumption provided under Section 37(d) of the DDA to show that both accused were found to have had in custody of the black plastic bag containing the dangerous drugs and, therefore, be deemed to have been in possession and knows the nature of such drugs.

DPP Gan further said the Section also allows the prosecution to invoke Section 37(da) of the DDA as the weight of the drugs is 293.04gm and both accused are therefore presumed to be trafficking in the dangerous drugs.

He added that the prosecution would further show that the totality of the evidence will point to the irresistible conclusion that both accused did in furtherance of common intention, traffic the said drugs.

DPP Gan said the prosecution has five witnesses.

The brothers were represented by counsel PJ Perira and Ariel Dasan. - Jo Ann Mool

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