KOTA KINABALU: The Court of Appeal here yesterday set July 6 this year to hear the prosecution’s appeal against the acquittal of a man, now staying in China, over three drug trafficking and possession charges.
Deputy public prosecutor, Mohd Fairuz Johari, informed the three-man panel, chaired by Justice Dato’ Mohd Hishamudin Md Yunus, comprising Justices Datuk David Wong Dak Wah and Dato’ Umi Kalthum Abdul Majid that respondent, Francis Ng Ching Teck, who is married to a China woman, was not present in court.
The prosecution said that the notice of appeal was only served on Ng’s counsel after it was found that the respondent (Ng) had left for China since July 1, 2014. The prosecution further stated that this was the second hearing of the appeal and is now requesting the court to set another date to hear the appeal.
Meanwhile, counsel Ram Singh, who represented Ng, said, he had not been in contact with his client and that the last time they met was on June 16, 2014.
On June 15, 2014, the respondent, who was a former manager of an entertainment outlet, was acquitted and discharged by the High Court here without calling for his defence from the three counts of trafficking in 520.95 grams of ketamine and for possession of cannabis and methylene dioxymetapetamine (MDMA).
On the first count, Ng was allegedly to have trafficked in ketamine at an apartment in Penampang 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, Ng was accused of having 161.29 grams of cannabis and 19.42 grams of ecstasy pills, respectively, at the same time and place. Both the charges were framed under Section 12 (2) of DDA 1952 and punishable under Section 39A (1) (x), which provides for a jail term of between two and five years and whipping, upon conviction.