Two Filipinos acquitted of drug trafficking

KOTA KINABALU: The High Court here yesterday freed two Philippine nationals from a joint charge of trafficking in 154.36 grams of syabu.

Justice Nurchaya Hj Arshad acquitted and discharged Hasnawati Ajuk Awing, 32, and Melven Sabtal, 23, without calling for their defence under Section 39B (1) (a) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code, which provides for the capital punishment upon conviction.

In her reserved decision, the court held that upon evaluating the whole evidence adduced by the prosecution and matters raised by both parties and having read the submissions submitted by the parties, the court found that the prosecution had failed to establish a prima facie case against both the foreigners.

She also ruled that both of them were therefore acquitted and discharged but to be referred to the Immigration Department for further action as they had no valid travel documents.

Hasnawati and Melven were arrested for allegedly trafficking in the syabu at a restaurant near a shopping hypermall here at 2.30pm on September 9, 2016.

Counsel Hamid Ismail represented Hasnawati while Melven was defended by government-assigned counsels Serena Liew and Nurul Rafeeqa Afdul Mutolip.

The prosecution had called six witnesses to testify against the duo throughout the trial.

Hasnawati (third right) listens to her counsel Hamid (right) as Melven (third left) is seen with his counsels Liew (second left) and Nurul (left) after being acquitted of trafficking in 154.36 grams of syabu yesterday.