Chong (left) and his counsels Chin and Osman (right) outside the court room.
KUCHING: An electrician, who had been on remand since his arrest on Sept 21 last year, was yesterday discharged and acquitted on counts of trafficking and possessing drugs.
High Court Judge Ravinthran N Paramaguru passed the judgement after the prosecution failed to establish a prima facie case against the accused, Chong Jun Fah, 28.
Chong is alleged to have trafficked 9,145g of methamphetamine and 121g of MDMA, as well as possessed 0.21g of methamphetamine, at a house on Lorong 6, Stampin Resettlement Scheme, at Jalan Stutong here on Sept 21 last year.
However, the prosecution failed to prove that the accused had custody and control of the drugs, which were found by the police.
For the first and second charges, the drugs were found inside a storeroom outside the house. The storeroom door was damaged and could not be locked. Additionally, the house had no fencing and anyone could have access to the storeroom where the drugs were found, the court was told during trial.
For the third charge, drugs were found inside a bedroom on the first floor of the house.
The prosecution’s own witness testified in court that it was not the bedroom of the accused. It is said that many people, including friends and relatives, could have access to the bedroom.
The prosecution called seven witnesses.
Drug trafficking, under Sections 39B (1) (a) and 39B of the Dangerous Drugs Act 1952, carries the death penalty, while drug possession under Section 12 (2) of the same Act, carries a jail term – upon conviction.
Counsels Roger Chin and Osman Ibrahim represented Chong.