Drug trafficking accused ordered to enter defence
KOTA KINABALU: The High Court here yesterday ordered a man to enter his defence on a charge of trafficking in 1,402 grams of syabu.
Justice Datuk Nurchaya Hj Arshad made the order on Kho Kang Yau, 27, after she ruled that the prosecution had established a prima facie case against the accused.
The accused was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carries the mandatory death sentence, upon conviction.
Kho, who was represented by counsel Ram Singh, was alleged to have trafficked in the drug at the arrival hall of Terminal Two of the Kota Kinabalu International Airport here at 11.15pm on March 6, 2015.
The accused will enter his defence on April 18 and opted to give evidence on oath.
The same court also adjourned its decision on a 32-year-old local man who is facing three drug possession charges to March 14.
Nurchaya put off the decision on Tan Chilk Hau @ Calvin Tan, whose charges are all framed under Section 12(2) of the Dangerous Drugs Act punishable under Section 39A(1) of the same Act.
The indictment carries a maximum jail term of five years and whipping, upon conviction.
On the first count, the accused, who was defended by counsel Nelson Angang, had allegedly trafficked 238.3 grams of ketamine at 3.30pm on September 18, 2014 at the lobby of an apartment in Jalan Kepayan Kobusak, Penampang.
On the second and third counts, he was accused of having 15.6 grams of 3,4 Methylenedioxym ethamphetamine (MDMA) also at the same time and place and possessing 97.4 grams of cannabis on the same day in a house at the same apartment, respectively.