KUCHING: The High Court here on Monday acquitted and discharged a 40-year-old man of trafficking in 7.35kg of methamphetamine two years ago.
Judge Leonard David Shim delivered the verdict after ruling that the prosecution had failed to establish a prima facie case against Max Donald James Jimmy at the end of its case.
Max was charged with trafficking 7.3457kg of methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act.
The alleged offence took place at a roadside in front of the International Arrival Hall of Kuching International Airport (KIA) at around 11.35pm on May 20, 2023.
The charge carries the mandatory death penalty or life imprisonment with a minimum of 15 strokes of the cane if the death sentence is not imposed.
The court was told that on the May 20, 2023, police conducted operations at three separate locations including KIA, during which a box containing drugs was discovered shortly after Max arrived from Kuala Lumpur.
The airline had reported that his luggage weighed 15kg during check-in at Kuala Lumpur International Airport (KLIA), but upon seizure by police at KIA, the bag weighed only 10.3kg.
The defence said this discrepancy was a serious issue that significantly impacted the prosecution’s case, especially since no further investigation was conducted to explain the weight difference.
Defence counsel Osman Ibrahim argued that there was reasonable doubt in the prosecution’s case and suggested that the contents of the luggage could have been tampered with by unknown parties.
Taking all these factors into account, the court found that Max had no case to answer and ordered his release without calling for his defence.
Max was represented by counsels Osman Ibrahim and Roger Chin, while Deputy Public Prosecutor Mohd Fillanny Siji appeared for the prosecution.
