Kota Kinabalu: The High Court here on Thursday found 45-year-old wireman Julpekal Mohammad guilty of trafficking 6,696.4gm of syabu.
High Court Judge Datuk Alexander Siew How Wai ruled that Julpekal’s defence was not credible and that he had failed to raise a reasonable doubt in the prosecution’s case.
The judge added that Julpekal did not rebut the presumption of trafficking on the balance of probabilities, noting that the prosecution had proven its case beyond reasonable doubt after evaluating all evidence.
“In the premises, the court finds the accused guilty of the offence charged and hereby convicts him accordingly,” the judge said.
The court fixed April 9 for sentencing to allow both parties to make submissions.
Julpekal was accused of committing the offence at 10pm on May 8, 2022, in the car park of GMart supermarket, Taman Sri Rugading, Tuaran.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39B(2), which carries the death penalty or life imprisonment and whipping of not less than 15 strokes upon conviction.
Six prosecution witnesses and one defence witness testified during the trial. Deputy Public Prosecutor Lovely Natasha Charles prosecuted, while Julpekal was represented by counsel Dominic Chew.
Meanwhile, a 22-year-old woman, Azirah Wilson, and a 30-year-old man, Mohd Erffan Mansoor, jointly charged with trafficking 261.5gm of syabu, are set to go on trial from August 3 to 7.
They are accused of committing the offence at 3.30pm on October 31, 2024, at the staircase area of Block A, Manila Café building, Jalan Bundusan, Penampang.
Judge Siew set the trial date, with DPP Lovely Natasha Charles prosecuting. Azirah is represented by counsel Lim Chun Yuan, while Erffan is represented by Edward Paul.
Julpekal, Azirah and Erffan were ordered to be remanded further, as their charges carry no provision for bail.
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