Kota Kinabalu: A 23-year-old unemployed man was ordered to enter his defence on a charge of trafficking 1,278.3 grams of syabu.
High Court Judge Datuk Alexander Siew How Wai made the ruling on Wednesday, saying the prosecution had established a prima facie case against Mohd Shahnizar Sukarday.
Shahnizar allegedly committed the offence at 4pm on Oct 27, 2023, in the parking area of a mosque at Kg Darau, Manggatal.
He faces a charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code.
The offence carries the mandatory death penalty or life imprisonment with a minimum of 15 strokes of the cane upon conviction.
Seven prosecution witnesses were called during the trial.
Deputy Public Prosecutor Dacia Jane Romanus appeared for the prosecution, while Shahnizar was represented by Mohd Luqman Syazwan.
The court fixed Nov 13 and 14 for the defence trial.
Shahnizar was further remanded, as the charge is non-bailable.
In a separate case, a 33-year-old man serving a 10-month sentence for injuring his sister was sentenced to five years and six months’ jail and one stroke of the cane for taking drugs for the fourth time.
Insun Habbil pleaded guilty before Sessions Court Judge Elsie Primus to consuming Amphetamine and syabu on July 6 this year.
He had three prior convictions for similar offences between October 2019 and January 2024, making this a fourth offence under Section 15(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39C(1) of the same Act.
When questioned by the court, Insun confirmed he was already serving a jail sentence for injuring his younger sister on June 6. The Magistrate’s Court had imposed the 10-month sentence on Aug 26.
The prosecution urged the court to impose a deterrent sentence.
The judge ordered that his new sentence begin from the date of arrest and that Insun be placed under police supervision for three years upon release.
