Kuala lumpur: The Court of Appeal here today upheld the 30 years' jail sentence imposed on three men convicted of trafficking in 4,030.7 grammes of ketamine.
According to BERNAMA News Agency, the three-judge panel led by Datuk Noorin Badaruddin, along with Justices Datuk Mohd Radzi Abdul Hamid and Dean Wayne Daly, unanimously dismissed the appeals brought by Ha How Kok, Hwong Nai Chong, and Yeap Hock Guan against both their convictions and sentences. The court also maintained the 12 strokes of the cane imposed on Ha and Hwong, while Yeap was exempted from caning due to being over 50 years old.
In delivering the decision, Justice Noorin stated that the appellants' conduct before, during, and after their arrest indicated compelling evidence of guilty knowledge and common intention. She remarked that the trial judge had accurately determined that the act of transferring and carrying the dangerous drug fell within the statutory definition of trafficking under Section 2 of the Dangerous Drugs Act 1982. Justice Noorin further elaborated that the evidence extended beyond mere passive possession, with the coordinated transfer of a substantial quantity of ketamine clearly supporting the inference of trafficking activity.
The prosecution, according to the judge, had presented sufficient direct evidence establishing actual possession, custody, and trafficking activities involving all three appellants, with no prejudice occasioned to the defense. On January 17 of last year, the High Court had found the trio guilty of trafficking the drugs and sentenced each of them to 30 years in prison, effective from June 23, 2020, the date of their arrest.
Ha, 27, and Hwong, 30, were also sentenced to 12 strokes of the cane, while Yeap, 52, was spared caning due to his age. The offence occurred at a roadside along Jalan Kenari, in front of a restaurant in Bandar Puchong Jaya, Selangor at 3:40 pm on June 23, 2020. Based on the facts of the case, a police team, acting on information, conducted surveillance at the location. During the operation, the raiding officer observed a car stopping in front of a restaurant, with two men - later identified as the first and second accused - approaching the vehicle driven by the third accused.
The raiding officer witnessed the third accused handing over a bag to the first accused before instructing the police team to block the car's movement. During the interception, the third accused allegedly attempted to flee by reversing the car. Concurrently, the raiding officer approached the first and second accused, identified himself as a police officer, prompting the first accused to drop the bag and flee with the second accused, though both were later apprehended.
The third accused was then ordered to exit the vehicle, and upon inspection of the bag, the raiding officer discovered two plastic packages containing transparent plastic packets suspected to be ketamine drugs. At the proceeding, lawyer Jasmine Cheong represented Ha, Counsel Joseph Tan acted for Hwong, and Counsel S.Jayananda Rao for Yeap. Deputy Public Prosecutor Mohd Amril Johari appeared for the prosecution.