KOTA KINABALU: The High Court here yesterday ordered a man who was convicted of possessing 6.05 grams of syabu or methamphetamine to be re-tried in the lower court due to a technicality.
Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum made the order on Mohd Faizal Mohd Yatim, 31.
Mohd Faizal’s lawyer, counsel Nelson Anggang stated that there was a technicality due to the fact that Section 399 of the Criminal Procedure Code was not complied with by the prosecution.
According to Nelson, the prosecution had failed to serve the notice of the chemist’s report in the required 10 days.
The prosecution led by deputy public prosecutor Dominic Chew Ban Huat conceded on this point. Because of this, the High Court set aside the sentence and conviction and ordered that Mohd Faizul be re-tried.
Mohd Faizul was sentenced to four years in prison and ordered to be given four strokes of the cane.
He committed the offence in front of a house at Kg. Monunggang, Beaufort in March 2014.
Framed under Section 39A(2)(r) of the Dangerous Drugs Act 1952, the offence carries a maximum life term imprisonment and not less than 10 strokes of the cane.
The same court also issued a warrant of arrest against a 50-year-old Pakistani who was fined for molesting a teenage girl after he failed to show up in court for the hearing on a prosecution’s appeal.
Tan Sri Richard made the order against Muhammad Rasan Gul Shad during an appeal made by the prosecution against the sentence which was imposed by the lower court.
Muhammad Rasan was fined RM3,000 in default six months’ imprisonment.
He committed the offence in a house at Kg Dabak in Putatan where he kissed the neck of a 15-year-old girl.
The offence, under Section 354 of the Penal Code, carries a prison term no longer than 10 years and a fine or with whipping.
Deputy public prosecutor Luke Ressa Balang prosecuted.
The accused’s case will be heard on May 6.