Couple Acquitted Of Drug Trafficking Charges, Spared death Penalty

JOHOR BAHRU, Feb 4 (Bernama) -- A couple was spared the death penalty after the High Court here today acquitted them of three charges related to the possession and trafficking of 248.68 gm of drugs five years ago.

Judge Noor Hayati Che Mat delivered the decision after the prosecution failed to establish a prima facie case against Teng Wei Xiong, 27, and Chai Ying, 22.

“There were inconsistencies in the testimonies that affected the credibility of witnesses SP3 (prosecution witness) and SD5 (defence witness). These discrepancies must be resolved in favour of the prosecution.

“Therefore, due to the presence of doubt and these inconsistencies, and after a thorough assessment, I find that the defence has successfully rebutted the presumption under Section 37(da) of the Dangerous Drugs Act 1952 and raised reasonable doubt in the prosecution's case,” said Noor Hayati.

The couple was accused of trafficking 112 gm of methamphetamine under Section 39B(1)(a) of the Dangerous Drugs Act (ADB) 1952, which carries a mandatory death sentence under Section 39B(2) of the same Act, read together with Section 34 of the Penal Code.

The second charge involved the possession of 121.23 gm of cannabis under Section 6 of the Dangerous Drugs Act 1952, which is punishable by imprisonment of five years to life and up to 10 strokes of the cane.

For the third charge, they were accused of possessing 15.45 gm of MDMA, a type of methamphetamine, under Section 12(2) of the Dangerous Drugs Act 1952. This offence carries a penalty of up to five years imprisonment and up to nine strokes of the cane, upon conviction. 

All the offences allegedly occurred in a room on Jalan Rusa 3 at 9.00 pm on May 5, 2020.

Deputy public prosecutor Juliana Jaafar appeared for the prosecution. Teng was represented by lawyers Muhammad Abd Kadir and Khairul Nadia Hasni Yusoff, while Chai Ying was represented by lawyers Mohd Daud Ismail and Hang Lee Ying.

Throughout the trial, the prosecution called nine witnesses, while the defence called seven witnesses.

-- BERNAMA