Labourer’s death sentence by hanging reinstated
KOTA KINABALU: The Federal Court here yesterday set aside an Indonesian labourer’s 17-year jail term and 10 strokes of the cane and restored his death sentence imposed by the lower court three years ago.
The five-member panel chaired by Justice of Malaysia Tun Raus Sharif, who sat together with Chief Judge of Malaya Tan Sri Wira Datuk Seri Ahmad Hj Maarop and Justices Tan Sri Datuk Zainun Ali, Tan Sri Dato’ Sri Azahar Mohamed and Tan Sri Dato’ Wira Aziah Ali unanimously reinstated Romi Ali’s death sentence meted out by the High Court here after setting aside the Court of Appeal’s decision to reduce his charge, two years ago.
In allowing the prosecution’s appeal, the court held that there was evidence of trafficking and the Court of Appeal was wrong in substituting the charge for possession.
Romli, 29, had on February 14, 2014, pleaded guilty to a reduced charge under Section 39A (2) of the Dangerous Drugs Act 1952, after a full trial at the High Court.
The lower court sentenced Romi to 17 years in jail plus 10 whippings for possessing the syabu.
Then, the prosecution had appealed to the Court of Appeal against the conviction and sentence and it was allowed as Romi’s case was sent back to the High Court for him to enter his defence on a trafficking charge.
On November 23, 2015, Romi was found guilty by the High Court of trafficking in 1,155.96 grams of syabu beside a river at Tanjung Batu Logpond in Tawau at 6.40am on February 4, 2013 and was sentenced to death by hanging.
The offence was framed under Section 39B (1) (a) of the same Act which provides for the mandatory death sentence, upon conviction.
Romi, who was represented by counsel Ram Singh and Kamarudin Mohmad Chinki, had then appealed to the Court of Appeal here which had reduced his charge to possession on November 15, 2016.
Deputy public prosecutor Norinna Bahadun submitted that the Court of Appeal had erred in focusing on the erroneous finding of fact of the High Court judge which said that the respondent admitted to planning on handing over the syabu to somebody at Tanjung Batu.
She also said that the Court of Appeal had erred by focusing on the said finding without addressing the totality of the High Court judge’s decision which also looked at other circumstancial evidence.