Man gets death for trafficking 65.94g of meth
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.