Pubdate: Fri, 09 Dec 2005
Source: New Straits Times (Malaysia)
Copyright: 2005 NST Online
Contact:  http://www.nst.com.my/
Details: http://www.mapinc.org/media/3734
Author: V. Anbalagan
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/topics/Death+Penalty (Death Penalty)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

COURT DISMISSES APPEAL

PUTRAJAYA, Wed.

The Federal Court today upheld a lower court's decision which spared
two men the hangman's noose for trafficking dadah.

Federal Court judge Datuk P.S. Gill said it was unsafe to reverse the
decision of the Court of Appeal as the prosecution's case was made up
of many inferences and presumptions.

"We dismiss the appeal," he said in the unanimous decision.

Sitting with Gill were Datuk Richard Malanjum and Datuk Ariffin
Zakaria.

On July 22, 2002, the Court of Appeal reversed the decision of the
High Court which had convicted construction worker Muhammad Safarudin
Baha, 26, and mechanic Mohd Ashraf Endut, 25, of trafficking one
kilogramme of cannabis.

Both were sentenced to death for committing the offence at a junction
in Taman Datuk Senu in Kuala Lumpur about 5.50am on Jan 14, 1999.

Following the appeal, Safarudin walked out a free man while Ashraf's
trafficking charge was reduced to possession. He was sentenced to 15
years' jail and 10 strokes of the rotan.

Deputy public prosecutor Manoj Kurup told the court Safarudin was
riding a motorcycle while Ashraf was carrying a box which contained
the drugs.

He submitted that both men carried the drugs with the intention of
trafficking with which the apex court disagreed.

Safarudin's counsel Gurbachan Singh said his client was merely riding
the motorcycle and was not holding the box.

"He had no knowledge of what was contained in the box," he said,
adding that an adverse inference on Safarudin's conduct should not be
drawn because he was not trying to run away from the police.

Counsel Gobind Singh Deo, for Ashraf, said his client was only in
possession of the box but did not have any knowledge of what was inside.

The apex court agreed with both counsel.

In another case, the same panel dismissed an appeal to reduce an
18-year jail sentence against former college student, P. Kesavan, for
possessing 17gm of heroin.

Gill said the Court of Appeal was right in imposing a deterrent
sentence because the dadah menace was a serious problem.

On July 30, 1999, Kesavan, now 27, was sentenced to death for
trafficking at Jalan Jambu Golok, Taman City in Kuala Lumpur about
4.35pm on June 23, 1998. The appellate court reduced the charge.
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