KUCHING: Two men were acquitted and discharged by the High Court here today from a charge of trafficking 717.5 grammes of methamphetamine three years ago.
Judicial Commissioner Datuk Faridz Gohim Abdullah ruled that the prosecution had failed to establish a prima facie case against Ho Chee Leong, 36, and Low Ching Soon, 33, at the close of the prosecution’s case.
In delivering his decision, he said the prosecution’s case was marred by serious weaknesses, including multiple inconsistencies in the evidence presented.
“As such, the court finds that the prosecution has failed to prove a prima facie case against both accused,” he said in his brief grounds of judgment.
Ho and Low were jointly charged with trafficking 717.5 grammes of methamphetamine at a bus terminal along Jalan Penrissen at about 1.50 pm on July 14, 2022.
The charge was framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, read together with Section 34 of the Penal Code.
The offence carries the death penalty or life imprisonment upon conviction. A total of 14 prosecution witnesses testified during the trial.
The prosecution was conducted by Deputy Public Prosecutor, Nur Anida Mohd Nasir.
Ho was represented by counsel Louis Jarau, while Low was represented by counsels Patrick Voon, Alex Kong and Tiong Ing Neng.
