https://www.thesundaily.my/archive/1752940-ISARCH359622
GEORGE TOWN
: Two men escaped the gallows after the Penang High Court today discharged and acquitted both from drug charges without calling for their defence.
Ooi Kean Wah,47 and Fiteli Mohamat Saaidin, 46 were jointly charged with distributing 17,310.06g of methamphetamine and 5,588.6g of ketamine.
The charge under the Dangerous Drug Act 1952 carries the mandatory death penalty if convicted.
They were also charged with six counts of being in control of poisons including potassium hydroxide, sodium hydroxide, ephederine, caffeine and chloroform.
The charges under the Poisons Act 1952 meanwhile carries a RM3,000 fine and a one year jail sentence.
Ooi and Fiteli were accused of committing the offences at a unit in Penang Times Square at Jalan Datuk Keramat on May 12, 2011, at 9.20pm.
Ooi also was separately charged with distributing 264.34g of methamphetamine and accused of being in control of 13,979.14g of caffeine with both offences allegedly committed about 7.30pm at the same place and date.
Judicial Commissioner Datuk Azmi Ariffin said the prosecution case was weak due to the absence of a material witness.
Saying that the prosecution should have called the witness to testify in the case, he discharged and acquitted both accused.
Ooi was represented by Hussaini Abdul Rashid while Fiteli by Chris Kooi Wei Kit. Deputy Public Prosecutor (DPP) Amir Hamzah Othman prosecuted the case.
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