KUCHING: Three men were discharged and acquitted from a charge of possessing 22.52g methamphetamine in August 2018.
Nasli Daud, Michael Chan Aik Wei and Berlylend Tingom yesterday appeared before High Court Judge Azahahari Kamal Ramli who dismissed the prosecution’s appeal against the conviction of Chan and Beryland and, affirmed the discharge and acquittal order on
Nasli.
The High Court passed the orders because their defences had cast doubts on the prosecution’s case which a magistrates’ court has not considered.
The three friends allegedly had drugs inside a car parked at Kampung Sungai Agas Baru in Jalan Matang here at 8pm on Aug 11, 2018.
They were charged under Section 12(2) of the Dangerous Drugs Act 1952, read with sections 39A(1) and 34 of the same act, which carry a jail term of not less than two years and not more than five years, and whipping, upon conviction.
Nasli was discharged and acquitted by a magistrates’ court on July 2019 but Chan and Berlylend were jailed 54 months and seven strokes of the cane each.
The prosecution subsequently appealed against the discharge and acquittal order on Nasli while Chan and Berlylend
appealed against their conviction.
Nasli and Berlylend were represented by counsels Francis Teron and CM Sundram while Chan by counsels Osman Ibrahim, Nurshaeeqa Nazwa Radzali and Nur Atiqah Kulah.
DPP Michelle Lim Wan Chen appeared for the prosecution.
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