KUCHING: The High Court here acquitted and discharged a man who was jointly charged with his late accomplice for trafficking more than 700g of methamphetamine in Serian three years ago after ruling that the prosecution had failed to establish a prima facie case against him.
On Tuesday (July 21), Judge Wong Siong Tung granted a discharge and acquittal (DAA) to Tan Joo Sing at the close of the prosecution’s case, finding that the prosecution had failed to prove an essential element of the offence, namely that Tan had knowledge and possession of the drugs.
Tan had been jointly charged with the late Ting Lik Ming under Section 39B(1) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code for allegedly acting with common intention.
They were accused of trafficking 735.4g of methamphetamine at about 4.30pm on March 6, 2023, by the roadside near a workshop along Jalan Bunga Tanjung in Serian.
The offence carries the death penalty upon conviction or, where the death sentence is not imposed, imprisonment for life or a minimum of 30 years’ imprisonment, together with up to 15 strokes of the cane.
It was understood that both men had been remanded since their arrest on March 6, 2023. The trial only commenced on June 15 this year but Ting died in prison on March 5, 2025 before the case could be concluded.
In delivering his decision, Wong said that at the close of the prosecution’s case, the court must determine whether there is sufficient credible evidence, having undergone maximum evaluation, to establish every essential ingredient of the offence before an accused can be called to enter his defence.
The court found that the evidence showed Ting, who was the owner and driver of a Perodua Bezza, had invited Tan to accompany him to Serian. Tan agreed as he intended to look for spare parts for his motorcycle workshop.
According to the evidence, when the pair arrived near the said workshop at about 4.30pm on March 6, 2023, Ting noticed a group of police officers in plainclothes approaching the vehicle.
The court heard that Ting then took out a modified green plastic bottle containing the drugs and threw it into the workshop compound before attempting to flee by reversing the vehicle aggressively.
After reviewing the necessary documents and submissions from both the prosecution and defence, Wong ruled that there was no evidence showing that Tan shared a common intention with Ting to traffic the drugs.
Wong further held that the prosecution had failed to adduce either direct or circumstantial evidence establishing that Tan participated in the commission of the trafficking offence pursuant to a common intention.
The court also ruled that mere proximity to the seized drugs did not amount to possession without proof of knowledge, adding that suspicion alone could not substitute proof beyond reasonable doubt.
Deputy public prosecutor Azhari Yusuf appeared for the prosecution while Tan was represented by counsel Osman Ibrahim.
