Appellate court upholds life sentence for labourer in drug trafficking case
Appellate court upholds life sentence for labourer in drug trafficking case
PETALING JAYA: The Court of Appeal today upheld a sentence of life imprisonment and 12 strokes of the rotan imposed on a labourer five years ago for trafficking methamphetamine found in the car he was driving.
Bernama reported that a three-member bench, comprising Justices Lim Chong Fong, Noorin Badaruddin and Radzi Abdul Hamid, made the ruling after dismissing an appeal by Jurib Naib, 46, against his conviction and sentence handed down by the Sungai Petani High Court on Aug 14, 2023.
Lim, delivering the unanimous decision, said there was no reason for the Court of Appeal to intervene in the earlier decision of the High Court.
He said the appellant denied having access to the drugs found in the vehicle, but the 10th prosecution witness, Jurib’s younger brother, testified that the car had always been in the appellant’s possession and used by the latter.
Lim said the High Court judge was not wrong in finding that the prosecution had successfully proven that the appellant had possession and control of the seized drugs.
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“Therefore, this court finds the conviction to be safe and the appellant’s appeal is dismissed,” he said.
Jurib was sentenced to life imprisonment and 12 strokes of the cane after being found guilty of trafficking 177.51g of methamphetamine at the roadside near the Tawar traffic light, heading towards Kuala Ketil, Baling, Kedah, at 4pm on April 14, 2020, under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
Earlier, lawyer Awang Armadajaya Awang Mahmud, representing Jurib, argued that his client was not the only person with access to the vehicle, as it was registered under the name of his younger brother and therefore Jurib did not have possession or control over the seized drugs.
Deputy public prosecutor Atiqah Abdul Karim @ Husaini, however, argued that the appellant had control and possession of the car and the drugs, which were found in various parts of the vehicle.
“The appellant was arrested alone, and the testimony of his younger brother was clear and consistent, stating that although the car was registered under his name, all payments and usage were by the appellant as the latter had been blacklisted.
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“The witness emphasised that he had never used the car despite it being registered under his name.
“Evidence from the fifth witness, a police inspector, showed that the appellant attempted to speed off when he realised the officer and his team were following the vehicle, leading to a chase.
“When the car was finally cornered, the appellant appeared anxious when the inspector approached and identified himself as a police officer,” said Atiqah.
Appellate court upholds life sentence for labourer in drug trafficking case
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