KUCHING: Businessman Kho Chin Kuang has been discharged and acquitted of three charges of drug pushing because the prosecution failed to establish a prima facie case against him.On Wednesday afternoon, the Sessions Court passed the order after defence lawyer Roger Chin pointed out that the prosecution failed to prove the accused had exclusive use of his Toyota Nadia MPV, where the drugs were allegedly found.
According to evidence, the MPV was also being used by family members.
The drugs were allegedly found hidden below the back seat of the MPV as well as inside a sling bag belonging to the accused on Aug 5, 2008.
The MPV was parked in front of a company at Jalan Tun Ahmad Zaidi Adruce here, when the police conducted a search of the vehicle.
The drugs in question were Ganja weighing 55.36 grams, Nimetazepam (0.05 grams) and Ketamine (6.81 grams).
Subsequently Kho, 36, from Tabuan Jaya, was charged with three drug possession offences provided for by Sections 6, 12 (2) and 12 (3) and to be read with Section 39A (2) of the Dangerous Drugs Act 1952.
According to the submission by Chin, the search list should have been inadmissible as no caution was administered to the accused before he was asked to sign it.
The prosecution’s case, Chin said, was also tainted with too many contradictions by the prosecution’s own witnesses, including police witnesses, who gave conflicting evidence as to which sling bag compartments the drugs were found in.
The exact weight of the drugs were also suspect, Chin submitted.