Law student on drug trafficking charge escapes the gallows
KUCHING: A law student escaped the gallows after he was acquitted and discharged by the High Court here yesterday from a drug trafficking charge.
Justice Stephen Chung ruled that the prosecution had failed to prove prima facie case against Lee Zhen Jie, 22.
He was acquitted without being asked to enter his defence at the end of the prosecution case. Seven witnesses have been called by the prosecution to testify against him. He was charged with trafficking 567.2 grammes of cannabis at a house in Jalan Dogan here at 9.55pm on March 13, 2016 an offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which provides for a mandatory death sentence upon conviction.
DPP Mohd Fillany Siji prosecuted while Osman Ibrahim and Roger Chin represented Lee.
The judge ruled there were many doubts and contradiction on the case which led to Lee’s acquittal. He concluded that the prosecution has no evidence that Lee had full and exclusive control of the room where the drug was found. The room is located on the ground floor of the house, which is easily accessed by other family members and also outsiders.
The judge also said there was contradiction in the police statement; Lee was said to have gone to the room to collect a packet containing the drug, but no finger print or Lee’s DNAA was found on the packet upon examination.
A member of the raiding party also said that Lee handed over the drug to them, but it was in contradiction to a statement made by another member who said they searched the room and found the drug.
The judge also said the evidence could be tempered with because the police initially said there was only drug found in the bag, but the chemist report showed there was a receipt and a headset found in the same bag.
Members of the family were also not called to say whether the room belonged to (Lee) Zhen Jie.
He and his family members were ecstatic when they heard of the outcome of the case during the judgment yesterday.