KOTA KINABALU: The magistrate's court here freed a homestay operator from a drug possession charge on the grounds of technicality.
Magistrate Afiq Agoes acquitted and discharged Mohd Nasrul Jainorahim, 38, who was charged under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (1) of the same Act.
"Having heard the defence as well as having seen all the submission submitted, I am inclined to agree with counsel that the prosecution's technical failure in tendering the amended charge with the accurate weight of drugs possessed by the accused, is fatal to the case.
"Therefore, the accused in this case is discharged and acquitted from the charge," Afiq said when he delivered his decision after a full trial has been conducted since 2019.
Mohd Nasrul was accused of possessing 12g of syabu at an unnumbered house in Kampung Linau, Kota Belu, on March 30, 2018.
The prosecution had called four witnesses to testify against Mohd Nasrul while during the defence stage, counsel Azhier Farhan Arisin who represented Mohd Nasrul had produced two witnesses.
Meanwhile, the High Court reaffirmed the acquittal of a man who was charged with causing hurt to another man and committing mischief on three cars.
Judicial Commissioner Amelati Parnell's decision to reaffirm Donny Kok's acquittal was made after dismissing the prosecution appeal to have the lower court's verdict varied.
On Nov 1, 2019, the Papar magistrate's court had freed Kok, 39, from the two charges after ruling that the prosecution failed to prove its case beyond reasonable doubt against the respondent.
On the first count, the respondent was accused of causing hurt to the victim by ramming him with his (Kok's) car behind a restaurant in Papar on March 24, 2016.
On the second count, Kok had allegedly caused damage to three cars by ramming the cars at the same place and time.