Kota Kinabalu: The High Court dismissed the prosecution's appeal against the acquittal of a 34-year-old man from a charge of having 63.4gm of cannabis. 

Judge Datuk Nurchaya Hj Arshad in her reserved decision on Thursday affirmed the Sessions Court's decision on Elton George Jr Gaban. 

Elton was on Nov 30, 2016 discharged and acquitted without his defence being called. 

He was accused of having the drug at 5pm on May 23 2016 at the Cyber Café Paragon Internet in Taman Tuan Huat, Kepayan Ridge, near here. 

The offence under Section 6 of the Dangerous Drugs Act punishable under Section 39A(2) of the same Act carries a jail term of between five years and life imprisonment, and whipping, on conviction. 

Deputy Public Prosecutor Hafizah Zahidah Abdullah appeared for the prosecution while counsel Azhier Arisin represented Elton. 

Meanwhile, a 28-year-old man, who was jailed and fined for driving under the influence of alcohol and causing the death of another man saw his case remitted back to the Magistrate's Court for retrial before another magistrate. 

The court made the decision on the appeal by Juswell Justin. 

Juswell was on April 26, 2016 sentenced to five years' jail and fined RM10,000 or six months' jail after he was found guilty of committing the offence at 1.20am on April 12, 2014 along Jalan Kota Kinabalu – Papar, near the Taman Jumbo in Petagas. 

The Magistrate's Court also ordered his driving licence to be endorsed with the conviction and he was disqualified from holding a driving licence for six years from the date of his conviction. 

Juswell was charged under Section 44(1) of the Road Transport Act 1987 which carries a jail term of between three years and 10 years and fine between RM8,000 and RM20,000 on conviction. 

He was represented by counsel Ram Singh while Deputy Public Prosecutor Nartiah F. Mirchelle Sambatan appeared for the prosecution as the respondent. – Jo Ann Mool