PUTRAJAYA, Sept 7 — Two men escaped the gallows today after their drug trafficking charges were reduced to drug possession.
Chow Kum Yuen, 37, was sentenced to 18 years in jail and 20 strokes of the cane, while S. Inthiran, 31, was given a 12-year imprisonment term and ten strokes of the cane after they pleaded guilty before the Federal Court’s three-member panel of judges to the drug possession charges.
The duo’s cases were heard separately today by the panel comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.
The court set aside the duo’s conviction and death sentences for the drug trafficking offences and substituted it with a charge for possession of the drugs.
This was after Chow’s lawyer Datuk Hisyam Teh Poh Teik and Inthiran’s counsel Datuk Baljit Singh respectively informed the court that the Attorney-General’s Chambers had accepted their representations for the drug trafficking charges to be substituted to possession, which was confirmed by deputy public prosecutor (DPP) Mohd Amril Johari who appeared for the prosecution for Chow’s case as well as DPP Parvin Hameedah Natchiar appearing for the prosecution in Inthiran’s case.
Chow, a mechanic, pleaded guilty to four charges of possessing 163.6gm of nimetazepam, 1819.61 grammes of Ecstasy, 163.71gm Methamphetamine and 482.96gm of ketamine at a house in Jalan Desa Mesra, Jalan Kelang, Taman Desa, Kuala Lumpur on April 18, 2017.
On November 22, 2019, the High Court found Chow guilty of four charges of drug trafficking and sentenced him to death. The court also found him guilty on a charge of possessing 51.80gm of cannabis and sentenced him to ten years in prison and ten strokes of cane.
Chow only appealed to the Court of Appeal against his conviction and death sentence for the drug trafficking offences, but his appeal was dismissed on March 9 last year.
Today, Justice Tengku Maimun sentenced Chow to five years in jail each for the charges of possessing nimetazepam and ketamine and an 18-year imprisonment term and ten strokes of the cane each for the other two charges. She ordered the sentences to run concurrently from April 18, 2017, the date of his arrest.
Chow will receive 24 strokes of caning instead of 30 strokes as Section 288 (5) of the Criminal Procedure Code states that for a person who is convicted for two or more distinct offences, the combined sentences of whipping awarded by the court for such offences shall not exceed 24 strokes.
Meanwhile, Inthiran, a lorry driver, pleaded guilty to possessing 2238.49gm of heroin in front of a mini market in Jalan Desa Jaya 1, Taman Jana Jaya 11, Kamunting, Perak on March 29, 2017.
He was initially found guilty of trafficking the drugs and sentenced to death by the High Court on April 6, 2018. His appeal to the Court of Appeal was dismissed on March 10, last year.
Justice Tengku Maimun ordered Inthiran to serve 12 years in jail which to begin from the date of his arrest on March 29, 2017, and also ordered him to be given ten strokes of the cane.
— Bernama
