Karsuma (left) with her counsel Ram after her acquittal today.
SANDAKAN: A cosmetics seller was freed by the High Court here today from a charge of trafficking in 4,827.8 grams of syabu allegedly committed last year.
Judicial Commissioner Datuk Duncan Sikodol acquitted and discharged Karsuma Hasan Ansao, 51, without calling for her defence.
In his reserved decision, the Judicial Commissioner ruled that the prosecution had failed to establish a prima facie case against Karsuma.
In a WhatsApp message from counsel Ram Singh, who represented Karsuma, Ram told reporters that the court had among others held that “the prosecution had failed to prove element of possession in this case whereby there was no evidence that Karsuma had custody and control of a brown box which contained seven packets of the syabu”.
Ram explained that the court also touched on the contradictions of second, third and fourth prosecution witnesses’ testimonies in court that Karsuma was only stepping on the brown box or instead Karsuma was carrying the box and put it onto a table at a stall.
“The judge ruled that these testimonies had caused material gaps in the prosecution’s case,” Ram added.
Karsuma was accused of trafficking in the syabu at a food stall in front of Sandakan Port in Sandakan at about 5pm on April 23, 2019.
The charge was framed under Section 39B (1) (a) of the Dangerous Drugs Act 1952 punishable under Section 39B (2) of the same Act, which provides for the death sentence or a life imprisonment and if not sentenced to death, shall be liable to whipping of not more than 15 times, upon conviction.
The prosecution had called seven witnesses to testify against Karsuma.
Karsuma is a Philippine national with valid travel document which will expire in March 2028.