Kota Kinabalu: Two undocumented Filipinos were freed from a charge of trafficking 1,046.6gm of syabu.
High Court Judge Leonard David Shim discharged Jamal Tampakan, 24, a cook and a 21-year-old Filipina waitress, who was 17 years old when alleged offence was committed, of the charge at the end of their defence.
Leonard held that the Court found that the defence had cast reasonable doubt on the prosecution’s case on the defence of innocent carrier.
“Therefore, the Court finds that the prosecution has not proven its case beyond reasonable doubt at the end of the defence case,” held Leonard and ordered both Filipinos be discharged and acquitted.
The court also ordered both Filipinos to be referred to the Immigration Department since they were undocumented persons.
The duo had on Dec 15, 2021 claimed trial for committing the offence at 10.30pm on July 2, 2019 in front of Ambank, Menara MBF, Jalan Sagunting here.
They were jointly charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, and is punishable under Section 39B (2) of the same Act, which carries the death sentence or imprisonment for life and whipping not less than 15 strokes if not sentenced to death, on conviction.
The trial, which commenced on Aug 8, 2022, saw four prosecution witnesses and three defence witnesses being called throughout the trial.
The duo entered their defence on April 6, this year.
Jamal was represented by counsel Edward Paul while the second accused was represented by counsel Benazir Japiril Bandaran and Siti Zawiyah Abd Zain.
