| Fadley Faisal |
THE Court of Appeal upheld the High Court decision which was “made correctly in accordance with the law” in convicting and sentencing a drugs trafficker to jail for 15 years and 10 strokes of the cane.
Justice Barry Mortimer, sitting in the Court of Appeal with Justices Leonard and Burrell, decided that the High Court was right in relying on the prosecution witnesses in finding the appellant, Noorul Syakirin bin Norhaslan Zacky, guilty after a trial of possession of 31.884 grammes of Methylamphetamine or syabu.
Lawyer Roy Prabhakaran represented the appellant and submitted that the package of drugs in his bag did not belong to him but directed the Court of Appeal to the question of whether a Miss Tu, who was in the same room when the arrest was made, owned it or not.
At the trial, Miss Tu had given a negative urine test and returned to China.
The fingerprint evidence at the trial was contested by lawyer Roy.
It was not denied that this unidentified fingerprint was taken as evidence, however, the trial Justice relied on the fact that the defendant (appellant) admitted that the bag belonged to him which contained the package of drugs.
It is also a fact that the defence had kept silent and failed to rebut the presumption of possession on balance of probabilities.
The Court of Appeal was satisfied that the decision to convict the defendant was made correctly and the sentence passed was not manifestly excessive, and the appeal against both conviction and sentence was hence dismissed.
DPP Pg Khairul Nizam Pg Hj Md Yassin appeared for the respondent.