Fisherman’s death sentence revised to jail term, whipping

KOTA KINABALU: A fisherman escaped the gallows after the Court of Appeal here yesterday revised his death sentence to 15 years in jail and 10 strokes of the cane on a lesser charge of possessing syabu.

Justice Datuk Vernon Ong Lam Kiat, who sat together with Justices Datuk Yaacob Haji Md Sam and Datuk Yew Jen Kie, made the unanimous decision to set aside the conviction and death sentence under the original charge under Section 39B(1) of the Dangerous Drugs Act 1952 for the appellant, Asman Kalisto, and substituted it with a conviction under Section 12(2), read together with Section 39A(1) of the same Act.

In allowing the appeal, the court held that on the totality of the evidence on record, there was direct evidence of possession of the drugs.

In pleading for a lenient sentence, counsel Hamid Ismail for the appellant, submitted that the appellant was a first-time offender and had been remorseful with what he had done.

The counsel further submitted that the appellant has four children, who are currently being taken care of by his elderly mother since claiming that he had separated from his wife.

Hamid said his client prayed for a minimum imprisonment term to be counted from the date of his arrest three years ago.

In reply, the prosecution urged the court to impose a custodial sentence on the appellant which should not be less than 18 years.

The court then made the order for the appellant to serve his jail term from the date of his arrest on February 16, 2016.

On May 3, 2017, the High Court in Labuan had sentenced the appellant to death by hanging after he was found guilty of trafficking in 235.63 grams of syabu in front of a house at Rancha-Rancha in Labuan on February 16, 2016. The original charge carries the mandatory death penalty, upon conviction.