Steven (left) and Gerald (right) speak with the accused (second left) at the end of the court proceedings.
KUCHING (June 16): A policeman with the rank of corporal escaped the gallows when the High Court here today discharged and acquitted him from charges of trafficking 2.296 kg of methamphetamine and possessing traces of ketamine in January 2021.
Judge Dr Alwi Abdul Wahab ruled that the prosecution had failed to establish a prima facie case against the 42-year-old accused at the end of the prosecution case.
In passing his decision, Alwi said the prosecution failed to call several important witnesses who were often mentioned during the trial – the receiver of the parcel containing the drugs and two other individuals at the scene.
He also said that the accused might not have the knowledge that the drugs were placed inside the parcel.
For the first charge, the accused was charged under Section 39B(1)(a) of Dangerous Drugs Act 1952, and punishable under Section 39B(2) of the same Act, for drug trafficking, which provides for a death sentence or imprisonment for life and whipping of not less than 15 strokes upon conviction.
For the re-amended second charge, he was charged under Subsection 12(2) of the Dangerous Drugs Act 1952, punishable under Subsection 12(3) of the same Act, for possessing traces of ketamine.
The corporal allegedly committed both offences in front of a condominium reception counter at Jalan Datuk Tawi Sli around 1pm on Jan 19, 2021.
The case, which was prosecuted by DPP Ronie Entili, saw eight prosecution witnesses called to testify in the case.
The accused was represented by Steven Beti and Gerald Empaling Donald.