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Borneo: Possessing cannabis: Man acquitted
Borneo Post Wednesday 27 Apr 2011 Dhrma Shahrol Bolhassan will however serve 18 months in prison after he changed his mind and pleaded guilty to the second charge of consuming cannabis. In acquitting the accused, Sessions Court Judge Amelati Parnell ruled that the prosecution had failed to prove a prima facie case against Dhrma on the first charge. "There is no exclusive evidence that the accused had exclusive possession of the drug, which was found underneath his bed at the house," said Amelati. For the second offence, Dhrma admitted he consumed the drugs at RPR Siol Kanan in Petra Jaya about 11.30pm on Sept 23 last year. He underwent a urine test which was positive for drug use after being detained by the police. His jail term takes effect from the date of his not guilty plea taken on Sep 28 last year. Possessing drugs comes under Section 6 of the Dangerous Drugs Act (DDA) 1952 and is punishable under Section 39A (2) of the same Act, which carries a maximum penalty of life imprisonment and minimum five years' imprisonment and not less than nine strokes of the rotan upon conviction. Meanwhile, for consuming drugs, Dhrma was charged under Section 15 (1)(a) of the same Act, which provides for a fine not exceeding RM5,000 or an imprisonment term not exceeding two years. Dhrma's teary mother told reporters that her son had lost everything and now needed the strong support of family members. "Which mother does not love her children? My husband also fell sick because of this case," she told reporters outside the court room. Dhrma is the second among five siblings. The court also granted a stay of execution as applied and Dhrma was released on RM5,000 cash bail with one surety. Counsel Francis Wee represented the accused, while Chief Inspector Teo Soon Teik prosecuted. http://www.theborneopost.com/?p=126370
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