GEORGE TOWN: A 49-year-old odd job worker was acquitted and discharged by a High Court here today for distributing 3.752.6g of drugs four years ago.
Lim Kok Pin was jointly charged with Teoh Ewe Chooi with two counts of distributing drugs under Section 39B(1) of the Dangerous Drugs Act 1952, which carries the mandatory death sentence.
They were alleged to have distributed 2,267.3g of heroin and 1,485.3g of methamphetamine at an apartment unit in Solok Tembaga, Taman Tembaga here on Feb 5, 2015 at 4.20pm.
The duo was arrested on Feb 5, 2015 and had been in prison since. Teoh, however, died due to lung cancer while in prison.
Lim was represented by Hussaini Abdul Rashid while Deputy Public Prosecutor Amril Johari prosecuted.
Judge Datuk Azmi Abdullah acquitted and discharged Lim after finding that the prosecution had failed to prove their case.
He said Lim had been arrested in another location and not at the condominium where the drugs were found, and that showed that he has no control of the drugs.
“The car, which he was standing next to when arrested and contained access card to the condominium where the drugs were found, was also not Lim’s.
“Lim also had no access into the condominium unit where the drugs were found and police had to cut the lock open to enter the unit.
“The owner of the unit also said he has no knowledge of Lim and that the unit was rented to someone else,” he said while delivering his decision.
Azmi said there were also no personal possessions or DNA evidence to place Lim at the condominium unit.
“In fact, one of the investigating officers had said while on the witness stand that that unit was rented out to Teoh Ewe Chooi.
“Even though Teoh is dead, the prosecution should have presented his statement when arrested instead of omitting it,” he said.