KUCHING: A businessman has been granted a discharge amounting to an acquittal (DAA) by the Magistrates’ Court here after the prosecution decided not proceed with a drink-driving charge against him.
Magistrate Nursyaheeqa Nazwa Radzali granted the DAA to Edisson Kho Tuo Shen, 28, during proceedings on Tuesday (Jul 14).
Kho had been charged under Section 45A(1) of the Road Transport Act 1987 with driving a motor vehicle while under the influence of alcohol above the prescribed limit.
The alleged offence was said to have occurred at Jalan Simpang Tiga here on Oct 13, 2022.
If convicted, the offence carries a jail term of up to two years, a fine of between RM10,000 and RM30,000, as well as disqualification from holding or obtaining a driving licence for a minimum of two years.
During proceedings, the defence submitted that the case had remained pending before the court for almost four years since the alleged incident.
Although the matter had been fixed for trial on several occasions, the hearings were repeatedly adjourned and the trial had yet to commence.
The defence argued that the charge should not remain indefinitely pending against the accused and urged the court to grant a discharge amounting to an acquittal.
The prosecution, led by Deputy Public Prosecutor Muhammad Aidil Akmal Sharidan, informed the court that it did not intend to proceed with the case.
Kho was represented by counsel Russell Lim Jian Liang and Lai Eddy.
