KOTA KINABALU: A man was acquitted and discharged by the High Court here for two counts of dealing methamphetamine weighing 32.84kg in 2022.
On Friday (Nov 13), Judicial Commissioner Dayang Ellyn Narisa Abang Ahmad freed Yap Kai without calling for his defence after the prosecution failed to prove a prima facie case.
Based on the facts of the case, the court found that, among other things, the prosecution failed to prove that Yap had physical possession or control over the drugs involved in the charge.
A total of 18 prosecution witnesses were called throughout the trial.
According to the first charge, Yap was accused of dealing 1,279.93g of methamphetamine between 12.12pm and 1pm on July 28, 2022, at a house in Taman Manikar here.
For the second charge, he was accused of dealing 31,562.3g of the same drug at the same location between 1pm and 2pm.
Both cases fall under Section 39B (1)(a) and 39B (2) of the Dangerous Drugs Act 1952.
The prosecution was handled by Malaysia Customs Department deputy public prosecutor Syazwani Zawawi, while counsels Datuk Ram Singh, Prem Elmer Ganasan and Prabjit Singh Gill represented Yap.
