KOTA KINABALU: A 55-year-old man escaped the gallows after the High Court here yesterday freed him from a charge of trafficking in 1,387.26 grams of 3,4-Methylenedioxymethamphetamine (MDMA) last year.
Justice Datuk Nurchaya Hj Arshad made the order on Norain Lamilah following a representation to drop his charge was allowed by the deputy public prosecutor’s office.
Norain, who was represented by counsel Dato’ Sri Rakhbir Singh, had emailed the application letter on August 9.
The trial of the case commenced on June 5 but it was adjourned while pending an outcome of Norain’s application for representation.
Norain was accused of trafficking in the drugs which also known as ecstasy at the Customs Department Parcels Branch here at 11.50am on Nov 28, 2017.
The charge was framed under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which carries the mandatory death sentence, upon conviction.
During the first day of his trial, the opening remarks tendered in court among others stated that on November 28, 2017 at about 11.50am, a Customs officer stationed at the branch was approached by Norain, who inquired on the tax amount payable to Customs for a parcel allegedly belonging to his friend, who was in Indonesia at that time.
When the parcel was taken and presented to Norain for tax assessment, the accused was asked to open the parcel which contained a red trolley bag.
Upon further examination on the trolley bag, Customs found one package wrapped in black masking tape containing green and grey pills suspected to be dangerous drugs. The package was found in a secret compartment in the trolley bag.