SANDAKAN: The High Court here on Friday acquitted and discharged two local men charged with trafficking over 700 grams of methamphetamine, ruling that the prosecution failed to establish a prima facie case against them.
The accused, Ho Chee Wai, 49, and Roslan Charni, 40, were jointly charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952. The charge alleged they had trafficked 700.4 grams of methamphetamine at a petrol station at 10.30 am at Mile 9 on 18 January 2022.
High Court Judge Justice Saiful Azian Mokhtar ordered both men to be acquitted and discharged without requiring them to enter their defence. The ruling was based on the court’s finding that the evidence presented by the prosecution was insufficient to prove a prima facie case.
Ho was represented by counsel Datuk Nelson Wences Angang, while Roslan’s defence team consisted of Datuk Ram Singh, Kamarudin Mohmad Chinki, and Amirul Amin Rashid.
Deputy Public Prosecutor Risal Abdul Fikkah appeared for the prosecution.
Had they been convicted, the offence carries the death penalty or life imprisonment with no fewer than 15 strokes of the cane, as stipulated under Section 39B (2) of the same act, read together with Section 34 of the Penal Code. – James Leong
