High Court acquits man charged with trafficking 7.3kg meth at KIA
KUCHING (July 14): The High Court here today discharged and acquitted a 40-year-old man from a charge of trafficking 7.3kg of methamphetamine at Kuching International Airport (KIA) two years ago.
Judge Leonard David Shim ruled that the prosecution had failed to establish a prima facie case against Max Donald James Jimmy at the close of the prosecution's case.
Max was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, which carries the death penalty or life imprisonment and with not less than 15 strokes of the cane, upon conviction.
He allegedly committed the offence at the international arrival hall of KIA at around 11.35pm on May 20, 2023.
It was informed that on May 20, 2023, the gross weight of the box checked in by Max at Kuala Lumpur International Airport (KLIA) was 15kg; however, when the same box was seized by police at KIA, the recorded weight was only approximately 10.3kg.
The discrepancy in weight was neither investigated nor explained by the investigating officer.
The defence argued that the weight difference was significant and materially affected the prosecution's case, especially since no further investigation was conducted to account for the inconsistency.
This, they contended, raised reasonable doubt over the prosecution's case.
The defence also submitted that there was a possibility the contents of the box may have been tampered with or handled by unknown parties.
The prosecution, led by deputy public prosecutor Mohd Fillanny Siji, had called a total of nine witnesses.
Max was represented by counsels Osman Ibrahim and Roger Chin. acquittal Court drug trafficking Kuching International Airport
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