Prosecution’s appeal in drug trafficking deferred

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KOTA KINABALU: The Court of Appeal here adjourned to May 19 an appeal by the prosecution against a man who was charged with trafficking in 520.95 grams of ketamine and another two charges of possessing cannabis and methylenedioxymetapetamine (MDMA).

Justices Dato’ Abdul Aziz Abdul Rahman, Dato’ Rohana Yusuf and Dato’ Abang Iskandar Abang Hashim unanimously put off the appeal on Francis Ng Ching Teck at the request of the appellant (the prosecution).

The appellant said the notice of hearing could not be served on the respondent as the authority could not find him.

On June 17, 2014, the High Court here freed the respondent (Ng) without calling for his defence after the trial judge held that the prosecution had failed to establish a prima facie case against him.

On the first count, Ng, 41, was accused of trafficking in the ketamine at an apartment in Penampang at 6.25am on July 2, 2012.

The indictment comes under Section 39B (1) (a) of the Dangerous Drugs Act (DDA) 1952 which carries the mandatory death sentence upon conviction.

The second and the third charges alleged that Ng was possessing 161.29 grams of cannabis and 19.42 grams of MDMA, respectively, at the same time and place.

Both the charges were framed under Section 12 (2) of DDA 1952 which is punishable under Section 39A (1) (f)/39A (1) (x), which provides for a jail term of between two and five years and whipping, upon conviction.