GEORGE TOWN: A businessman escaped the gallows when he was acquitted and discharged of two drug trafficking charges after the High Court here found the credibility of the raiding officer questionable.
Judge Radzi Abdul Hamid said the prosecution had failed to prove a case against Tang Chin Tart, 56.
Radzi said the court rejected the evidence provided by the raiding officer in court owing to contradictory statements.
"The prosecution has failed to prove a prima facie case against the accused under both charges.
"It cannot be proven that he had knowledge of the drugs, therefore there is no need to consider distribution," he said in court here on Friday (Feb 26).
Radzi said Tang was acquitted and discharged of two counts under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carry the death penalty or life imprisonment, with whipping of no less than 15 strokes, upon conviction.
Based on the charge sheet, Tang was charged with trafficking 107.4g of heroin and monoacetylmorphine at around 10.15pm on May 8,2017, at a house along Lebuh Sungai Pinang here.
Tang was also charged under the same Act and section with trafficking 2,493.6g of methamphetamine at 10.15pm, at the same location on the same date.
Tang was represented by Ranjit Singh Sandhu and V. Santhiran while Deputy Public Prosecutor Teh Li Siew prosecuted.