Man acquitted of drug charges after court finds prosecution case doubtful

KUCHING (Jan 24): The Sessions’ Court here on Friday discharged and acquitted a 42-year-old man who had been accused of possessing 102.56 grammes of methamphetamine four years ago.

Judge Musli Ab Hamid made the ruling after finding that there were reasonable doubts in the evidence presented by the prosecution against the accused, Liew Hock Lai.

For the first and second charges, Liew was accused of possessing 41.21 grammes and 22.00 grammes, respectively, of methamphetamine at a house on Jalan Stutong Baru at about 10:30 am on April 13, 2022.

The third charge stated Liew allegedly possessed 39.35 grammes of methamphetamine at a condominium unit on Jalan Wan Alwi at about 11.45 am on the same day.

All charges were framed under Section 12(2) of the Dangerous Drugs Act 1952, with the first and third charges punishable under Section 39A(2) of the same Act, and the second charge punishable under Section 39A(1).

If convicted under Section 39A(2), Liew would have faced imprisonment of between five and 30 years and whipping of not less than 10 strokes.

A conviction under Section 39A(1) would have carried a jail term of between two and five years, along with whipping of between three and nine strokes.

Liew had been remanded since April 13, 2022, and was 38-years-old at the time the offences were allegedly committed.

Five prosecution witnesses were called when the trial commenced on October 26, 2022, in an effort to establish a prima facie case against Liew.

During proceedings on Friday (Jan 23), Judge Musli said it was the prosecution’s duty to prove all elements of the charges and that, at this stage, the court had to consider whether the evidence presented was credible when taken at its highest value.

At the close of the prosecution’s case, Judge Musli found that reasonable doubt had arisen and ruled that no prima facie case had been established after a full assessment of the evidence and observation of the witnesses’ demeanour, thereby entitling the accused to an acquittal.

Deputy public prosecutor Asmawi Nur Haqim Mokhtar appeared for the prosecution, while Liew was represented by counsel Osman Ibrahim and Roger Chin.