Kota Kinabalu: The Court of Appeal here has acquitted a 39-year-old man who was previously sentenced to life imprisonment and 12 strokes of the cane for trafficking 77.27 grammes of syabu eight years ago.
A three-member bench comprising Justices Datuk Dr Shahnaz Sulaiman, Datuk Ahmad Shahrir Mohd Salleh and Dean Wayne Daly unanimously allowed the appeal by Su Seow Huo.
The appellate court allowed Su’s appeal against both conviction and sentence, set aside the High Court’s decision and ordered that he be discharged and acquitted of the charge.
Su had been convicted by the High Court on Oct 5, 2023, and sentenced to life imprisonment and 12 strokes of the cane.
He was charged with trafficking 77.27 grammes of syabu at the security guard compound area of Hing Tower Condominium, Jalan Nosoob, Penampang, at 11.15am on May 16, 2018.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2) of the same Act, carries the death penalty or life imprisonment and, if not sentenced to death, not less than 15 strokes of the cane upon conviction.
Su was represented by counsel Zahir Hussien Ahmad Shah, while Deputy Public Prosecutor Zaki Asyraf Zubir appeared for the prosecution.
