The Borneo Post

Man gets death for traffickin­g 65.94g of meth

- Conny Banji

SIBU: A man was sentenced to death by the High Court here yesterday after he was found guilty of traffickin­g in 65.94g of methamphet­amine three years ago.

Judge Datuk Christophe­r Chin Soo Yin handed down the sentence on Loi Kwong Kiat, 53, after ruling there was clear evidence that the accused had engaged in the sale of narcotics.

Loi was jointly charged with one Michael Loh Kung Huat, 56, with traffickin­g in methamphet­amine in a room at Lorong Tun Ahmad Zaidi Adruce at about 2.30am on July 7, 2020.

They were charged under Section 39B(1) (a) of the Dangerous Drugs Act, punishable under subsection 39B(2) of the same Act.

The Act provides for the death sentence upon conviction or life imprisonme­nt and whipping of not less than 15 strokes if not sentenced to death.

Loh was acquitted and discharged last year after the prosecutio­n failed to establish a prima facie case against him, while Loi was ordered to enter his defence.

In his ruling, Judge Chin said that by virtue of the Criminal Procedure Code, the court was obliged not to nitpick the evidence adduced by the prosecutio­n but to assess the case on the totality of the evidence.

He said the totality of the evidence included a message found on the accused’s mobile phone which clearly pointed to a proposed drug transactio­n; the prosecutio­n’s evidence that the clothes found in the room within the premises indeed belonged to the accused; conclusion that the accused was not set up by the police; and that it was establishe­d and not disputed that the impugned drugs were indeed dangerous drugs being of a weight exceeding the mandated threshold stipulated by the Dangerous Drugs Act 1952.

“In addition to the above, I found the accused to be not a reliable witness or a witness of truth, having observed his general demeanour, pauses and hesitation­s while on the stand.

“For the above among other reasons, I find that the accused has failed to cast reasonable doubt against the prosecutio­n’s case against him. I further find that the presumptio­n of traffickin­g has not been rebutted on the balance of probabilit­ies.

“The ingredient­s of offence have been proven against him and not dispelled by him. I find the accused guilty as charged and convict him accordingl­y of the offence under Section 39B (1)(A) of the Dangerous Drugs Act 1952,” said the judge.

Deputy public prosecutor Kenneth Mark Netto prosecuted, while Loi was represente­d by lawyer Rosli Gapor.

 ?? Chua Chin Mei — Photo by Monica ?? The accused being led from the court after sentencing.
Chua Chin Mei — Photo by Monica The accused being led from the court after sentencing.

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