KOTA KINABALU: A local 41-year-old man escaped death after being freed on charges of trafficking into the state, 520.95 grams of ketamine and two counts for possession of cannabis and methylene dioxymetapetamine (MDMA) by the High Court here yesterday.
Justice Ravinthran N Paramaguru discharged and acquitted Francis Ng Ching Teck of all his charges after ruling that the prosecution had failed to prove its case.
Francis, overjoyed with tears, told reporters after the hearing that while he had no plans as of yet, he was keen to go back to his only son and family.
The accused, represented by counsels Ram Singh with YS Lo and Timothy Daut, was previously a karaoke bar manager and was under custody for two years since his arrest.
On the first count, Francis was accused of trafficking in ketamine at an apartment in Penampang at 6.25am on July 2, 2012.
The indictment came under Section 39B (1) (a) of the Dangerous Drugs Act (DDA) 1952 which carries the mandatory death sentence upon conviction.
On the second and the third counts, Francis was alleged to have in his possession 161.29 grams of cannabis and 19.42 grams of MDMA, also known as ecstasy pills, respectively, at the same time and place.
Both charges were framed under Section 12 (2) of DDA 1952 which is punishable under Section 39A (1) (f)/39A (1) (x) and provides for a jail term of between two and five years and between three to five strokes of the whip upon conviction.
In his ruling, Ravinthran said one of the principal conditions in the case was to affirmatively prove possession on the accused’s part, and the only evidence related was the keys found in Francis’ pocket.
He remarked that while there were two sets of keys found in his pocket, and in the apartment, respectively, this did not give him the exclusive control and custody of the drugs found in the room.
The first set of keys was found in Francis’ pocket and another set was found in the living room two days later by the investigating officer at that time, which also meant that Francis was not a tenant of the property.
Despite this, the court did take notice that Francis had admitted to the raiding officer that the drugs were indeed his, but this confession was made while he (Francis) was high on drugs.
He ruled that there was no other evidence adduced on the custody, control and possession of the drugs and thereby no presumption of trafficking.
The prosecution, represented by deputy public prosecutor Luke Ressa Balang, will be appealing the case at the Court of Appeal.
Nine witnesses were called during the trial.