Kota Kinabalu: A 28-year-old student was freed on a charge of trafficking in 564.6 grammes of cannabis, without his defence being called.
High Court Judicial Commissioner Amelati Parnell discharged and acquitted Daniel Denis, after ruling that the prosecution failed to establish a prima facie case against Daniel on Friday.
Daniel was accused of trafficking the drug at 3.40pm on Feb 27, 2019 at the five-foot way in front of the City-Link Express (M) Sdn Bhd in Bundusan Commercial Centre, Jalan Bundusan, Penampang.
The offence, under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B (2) of the same Act, provides for the death sentence or life imprisonment and if not sentence to death, shall be liable to whipping at least 15 times, on conviction.
Daniel was arrested for allegedly trafficking in 564.6 grams of cannabis at a compound in front of a postage company at Jalan Bundusan in Penampang at 3.40pm on February 27.
The prosecution had called 12 witnesses during the hearing.
Deputy Public Prosecutor (DPP) Haderiah Siri together with DPP Nurul Akhilah from the Customs Department conducted the prosecution while counsel P.J Perira represented Daniel.
Meanwhile, in another case, a civil servant failed in her appeal against the sentence and conviction for voluntarily causing hurt to another woman.
Amelati had dismissed Norhaszuan Ali Hassan’s appeal and affirmed the decision by the Magistrate in sentencing her to four months’ jail and fine of RM500 or one month’s jail.
On Oct 13, 2021, Norhaszuan was found guilty and convicted of causing hurt to one Nurhafiqah Mohd Faris at 8am on March 31, 2020 at the Temporary Detention Centre office in Kimanis, Papar.
DPP Azreen Yas prosecuted the case.
