Kota Kinabalu: A 43-year-old Filipino, who was charged with trafficking 73.18gm of syabu, was ordered to enter his defence.
Judicial Commissioner Leonard David Shim made the order against Benhar Hasan on Friday after ruling that the prosecution had adduced credible evidence of each ingredient of the offence under Section 39B (1) (a) of the Dangerous Drugs Act (DDA) 1952 which if unrebutted or unexplained would warrant a conviction.
The prosecution had succeeded in proving a prima facie case of actual possession and a prima facie case of trafficking with the invocation of the statutory presumption of trafficking under Section 37 (da) (xvi) of the DDA based on the weight of the drugs, held Leonard.
The court set May 20 for Benhar’s defence.
Self-employed Benhar was accused of committing the offence at 9.07am on July 12, 2017 at the Sipitang bus station.
The charge against him carries a punishment with either the death penalty or life in prison and whipping with a minimum of 15 strokes.
Counsel Faezah Abby Ibnu informed the court that they would be calling only one witness. Deputy Public Prosecutor Rozana Abdul Hadi had called six witnesses during the prosecution’s stage.
Pending the date, Benhar was ordered to be remanded further.
Meanwhile, a 20-year-old self-employed man was fined RM100 or a day’s jail for having a handphone believed to be stolen.
Muhammad Khairul pleaded guilty before Magistrate Jessica Ombou Kakayun to having the gadget which he failed to explain on how he obtained it.
The charge under Section 22A of the Minor Offence Ordinance provides for a RM100 or up to three months jail or both, on conviction.
Duty Counsel Lim Ming Zoong @ Lawrence, representing Muhammad, said he opted to be sentenced straightaway and applied for leniency.
Inspector Albert Basiri prosecuted.
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