IPOH: A contractor and his wife were acquitted and discharged of three drug charges at the Ipoh High Court.

       Justice Abdul Wahab Mohamed made the decision after finding the prosecution had failed to prove the allegations against Yong Shin Haw, 48, and Felicia Diong Chew Li, 38.

       For the first charge under Section 39B(1) of the Dangerous Drugs Act, the couple were said to have distributed 1,458g of methamphetamine at a house in Kampung Selamat, Sitiawan on Feb 24, 2020 at about 3.40pm.

       For the second charge under Section 12(2) of the same Act, both were accused of possessing about 8.4g of heroin and 1.5g of monoacetylmorphine at the same location, date and time.

       For the third charge under Section 12(2) of the same Act, they were said to have in possession about 42.5g of methylenedioxymethamphetamine (ecstasy) in front of the house in Kampung Selamat on the same date at about 3.30pm.

       Justice Abdul Wahab said the prosecution had failed to prove the drugs belonged to them.

       He said the existence of another person, a tenant who has access to the house, showed that there was a possibility the drugs belonged to him.

       StarPicks

       Maximise your EPF savings with voluntary contributions

       “The accused’s DNA and fingerprints were also not found on the drugs or equipment used for taking the drugs,” he said.

       Lawyers S. Selvam and T. Gayathrie represented the accused while Deputy Public Prosecutor Liyana Zawawi Mohd Radzi prosecuted.

       Shortly after an interval, Yong was, however, found guilty of a fourth charge under Section 12(2) of the Dangerous Drugs Act.

       Yong was said to have possessed about 11.4g of methamphetamine in front of the house on Feb 24, 2020 at about 3.30pm.

       Justice Abdul Wahab said the accused failed to prove the drugs, which were found in a sling bag, was not his.

       In pleading for a lighter sentence, Selvam said Yong still needs to take care of his family.

       “He has three daughters and had hoped to be reunited with his family.

       “He also has a 72-year-old mother who needs to be looked after,” he said.

       “He has high blood pressure and a weak heart and hopes to get the minimum number of whipping.

       “He apologises to the court, the prosecutor and the police and promised not to repeat the offence,” he added.

       Justice Abdul Wahab sentenced Yong to five years in jail starting from the date of his arrest on Feb 24, 2020 and three strokes of the cane.

       When met after the proceedings, Selvam said Yong could return home after being whipped and need not be jailed.

       “Taking into account the one-third remission of public holidays, he has already served his time in jail,” he said.

       Yong was seen hugging his three children after the sentencing.