KUCHING: The Sessions Court here yesterday discharged and acquitted a public tertiary institution student of a drug possession charge.
Judge Marutin Pagan made the decision after ruling that the prosecution failed to prove a prima facie case against Khairul Amir Jemat.
Khairul was accused of possessing 184.63 grams of cannabis when he was detained by police at a petrol station along the Samarahan Expressway around 9.30pm on Jan 25 last year.
Marutin said there were breaks and doubt in the chain of evidence with regards to the drugs when Khairul was first arrested.
According to defence counsel Osman Ibrahim, the charge stated Khairul was arrested at a petrol station but the initial arrest was made at a fast food chain restaurant in Tabuan Jaya.
He said there were merits to the complaint because one of the prosecution’s seven witnesses agreed that when the accused’s car was driven from the station to the restaurant, it was under the control of the police.
Osman said this led to doubts with regards to the custody of the drugs during the journey.
He also noted contradictions among the prosecution’s witnesses.
Drug possession, under Section 39A(2)(f) of the Dangerous Drugs Act 1952, provides for up to 50 years in prison and not less than 10 strokes of the rotan.
Khairul was also represented by Fadillah Osman and Roger Chin, while DPP Nor Azahari Yusof prosecuted.