Court acquits direct selling agent, hawker of possessing, trafficking drugs

GEORGE TOWN: The High Court here today discharged and acquitted a direct selling agent and a hawker for possessing, trafficking drugs and having scheduled poisons.
Judge Datuk Zamani Abd Rahim freed Tan Choo Seng, 38, and Ooi Kean Wah, 45, after stating in his judgement that the prosecution had failed to establish a prima facie case against both accused as there were no traces of drugs on them.
Both were jointly charged with trafficking in 124.749gm of heroin and monoacetylmorphines (62.287gm of heroin and 59.462gm of monoacetylmorphines) at a flat in Jalan S.P. Chelliah around 10.30pm on May 12, 2011. They faced a third charge of trafficking in 557.75gm of ketamine at the same place, time and day.
The three offences fell under Section 39B of the Dangerous Drugs Act 1952 and carries the mandatory death penalty if convicted.
The direct selling agent and the hawker respectively were also charged with possessing 5.25gm of morphine at the same place, time and day with the offence punishable with a minimum five-year prison stay and 10 strokes of the cane upon conviction under the same Act.
They also faced two counts of possessing caffeine and chloroquine in their control, storage and knowledge without permit or permission under the Poisons Act 1952, at the same place, time and day.
The offences under Poisons Act 1952 carries a maximum one-year jail sentence, a maximum RM3,000 fine or both, upon conviction.
DPP Siti Fatimah Talib prosecuted while Tan and Ooi were represented by Hussaini Abdul Rashid.