Ex-hotelier discharged, acquitted of cannabis possession charge
KOTA KINABALU: A 34year- old former hotel worker was discharged and acquitted of possessing 63.40 grams of cannabis by the Sessions Court yesterday.
Sessions Court judge Ainul Shahrin Mohammad made the decision in the case of Elton George Junior Gaban, when she ruled that the prosecution had failed to present a prima facie case against the accused.
Elton was charged under Section 6 of the Dangerous Drugs Act 1952, an offence that is punishable with a fine not exceeding RM20,000 or imprisonment for a term not exceeding five years or both, upon conviction.
Elton was alleged to have committed the offence on May 23 at around 5pm at a cyber café in Kepayan. He has been in remand since then.
“On reading the submission by the prosecution, this court finds that there was an amended charge but the same was not tendered to the court,” judge Ainul said.
She also said that there were doubts as to whether the exhibits tendered in court were the same as the ones that were seized by the police on the day of the arrest. For instance, she noted there was an aluminum foil mentioned in the chemist report but there was no mention of the said foil anywhere else.
Further, during the prosecution’s case, the defence had challenged the testimony of one of the prosecution witnesses, where the witness had claimed that the accused was not wearing a blue jacket. Ainul noted that there was no corroboration of the testimony made by the said accused.
Counsel Azhier Farhan Arisin and counsel Lindsay Michael acted for the accused while deputy public prosecutor Hafizah Zahidah Hj Abdullah prosecuted.