SIBU: The High Court here yesterday discharged and acquitted three persons from a joint charge of drug trafficking which carries the mandatory death sentence.
The trio are Lee Chen Shian, Sia Yak Kwong and Sia Puong Ping.
The prosecution called seven witnesses to testify, but at the end of the case Judge Datuk Lee Heng Cheong found no prima facie case against them.
They were jointly charged with common intention of trafficking in 72.46 grams of methamphetamine at a house in Hua Kiew Road at 12.32pm on Jan 11 last year.
They were charged under Section 39B(1)(a) of the Dangerous Drug Act which is punishable under Section 39B(2) of the same Act read together with Section 34 of the Penal Code, which provides for a mandatory death sentence on conviction.
Meanwhile, the judge ordered Chen Shian and Yak Kwong to enter their defence for separate charges of possessing dangerous drug, saying the prosecution had proven a prima facie case against them.
Chen Shian is charged with possession of 0.43 gram of methamphetamine, without any lawful authorisation at a house in Hua Kiew Road at 12.32pm on Jan 11 last year.
He and Sak Kwong are also charged with having 7.76 gram of methamphetamine without lawful authorisation at the same time and place, an offence punishable under Section 39(A)(1)(r) of the Dangerous Drug Act 1952.
The offence, punishable under Section 39(A)(1)(r) of the Dangerous Drug Act 1952, provides for a jail term of between two and five years as well as whipping.
They pleaded guilty to the charges.
Lee sentenced Chen Shian to 16 months’ jail and Yak Kwong to two years’ jail for separate charges under Section 12(3) of the Dangerous Act 1952.
For the offence punishable under 39(a)(r) of the Dangerous Drug Act 1952, both accused were sentenced to three years’ jail and three strokes of the cane
The sentences are to run consecutively.