TAWAU: A 30-year-old single father escaped the death penalty or life imprisonment after the Tawau High Court on Thursday acquitted and discharged him of a drug trafficking charge involving 2,051.2 grammes of syabu.
Judge Datuk Duncan Sikodol ruled that the prosecution had failed to prove that Iwan Muin, 30, had exclusive possession of the drugs.
The court noted that none of Iwan’s personal belongings were found in the house where the drugs were discovered, and there was no evidence proving he had sole access to the premises.
His presence on the veranda at the time of the raid was deemed insufficient to link him directly to the drugs inside.
As a result, the court ordered that Iwan be freed without entering his defence at the close of the prosecution’s case.
However, as Iwan did not have valid identification documents, he was referred to the Immigration Department for further action.
Iwan was originally charged with trafficking 2,051.2 grammes of syabu at a house in Kg Kurnia Jaya, Batu 4, Jalan Apas, around 1pm on Oct 9, 2023.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2), carries the mandatory death penalty or life imprisonment, and if not sentenced to death, a minimum of 12 strokes of the cane.
The trial began on June 16, with seven prosecution witnesses called.
Deputy Public Prosecutor Nur Nisla Abd Latif led the prosecution, while Iwan was represented by counsel Kamarudin Mohmad Chinki.
Judge Datuk Duncan Sikodol ruled that the prosecution had failed to prove that Iwan Muin, 30, had exclusive possession of the drugs.
The court noted that none of Iwan’s personal belongings were found in the house where the drugs were discovered, and there was no evidence proving he had sole access to the premises.
His presence on the veranda at the time of the raid was deemed insufficient to link him directly to the drugs inside.
As a result, the court ordered that Iwan be freed without entering his defence at the close of the prosecution’s case.
However, as Iwan did not have valid identification documents, he was referred to the Immigration Department for further action.
Iwan was originally charged with trafficking 2,051.2 grammes of syabu at a house in Kg Kurnia Jaya, Batu 4, Jalan Apas, around 1pm on Oct 9, 2023.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2), carries the mandatory death penalty or life imprisonment, and if not sentenced to death, a minimum of 12 strokes of the cane.
The trial began on June 16, with seven prosecution witnesses called.
Deputy Public Prosecutor Nur Nisla Abd Latif led the prosecution, while Iwan was represented by counsel Kamarudin Mohmad Chinki.
