TAWAU: Two unemployed men, who were jointly charged with trafficking 90.46gm of syabu, were given a discharge not amounting to an acquittal (DNAA) by the High Court, here, Monday.
Judge Datuk Duncan Sikodol made the decision on the case of Alvedo Jhon, 36, and Mohd Azhar Syah Rosliansa after the court accepted the representation letter by counsel Abdul Gani Zelika representing Alvedo, which included CCTV footage of the incident and the arrest.
Abdul Gani submitted a representation letter dated July 11, this year, which was received by the Sabah Attorney General’s Chambers on July 12, requesting that the charge against his client be withdrawn.
The counsel also attached two CCTV videos from the scene of the incident, which showed that no drugs or prohibited items were found in the possession of his client at the time of the arrest.
Alvedo and Azhar Syah were jointly charged with trafficking 90.46gm of syabu, on a roadside parking area at Lorong Puncak Palma 5A, Taman Palma Height, Lahad Datu, at 10.30 am on July 11, 2023.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, carries death penalty or life imprisonment, and could be whipped at least 12 times if not sentenced to death, on conviction.
Their case had previously been mentioned eight times in the High Court, the first occasion being on Nov 16, 2023 before the Deputy Registrar of the High Court, Suhailla Selag, and then before Judge Duncan starting on July 17 this year.
Deputy Public Prosecutor (DPP) Nur Nisla Abdul Latif prosecuted, while the Rosliansa was represented by counsel Mohamed Zairi Zainal Abidin.
