BANDAR SERI BEGAWAN: The Court of Appeal has dismissed an appeal by a former Assistant Narcotics Officer against his three-year jail sentence for criminal breach of trust by a public servant.
Mohd Asmawi Zulkifli was convicted by the Intermediate Court on 29 April 2024, following a trial, for misappropriating exhibits under his custody during a drug-related investigation in 2016.
The exhibits — BND1,075 in cash and a mobile phone — had been entrusted to him for safekeeping in the Narcotics Control Bureau’s strong room at its Tutong branch. Instead, he misappropriated the items.
The Intermediate Court sentenced the applicant to three years’ imprisonment, ruling that the return of the misappropriated items carried little mitigating weight, as the breach had compromised the integrity of the investigation.
The court also found no sufficient medical basis to warrant judicial mercy.
In his application before the Court of Appeal, the applicant sought leave to appeal against the sentence out of time, primarily citing deteriorating health following brain surgery, as well as the hardship faced by his dependent family.
He also raised concerns for his personal safety in prison, alleging that he had received verbal threats from other inmates.
The appellate court, comprising Chief Justice Datuk Seri Paduka Steven Chong, Justices Michael Lunn, and Sir Peter Gross, found no merit in the argument that the sentence was manifestly excessive.
The court acknowledged the seriousness of the applicant’s medical condition but noted it was manageable within the prison system.
It also confirmed that prison authorities had implemented precautionary measures, including placing the applicant in a single-occupancy cell for his safety.
The court reiterated the established principle that a serious medical condition does not, on its own, justify a reduced sentence unless exceptional circumstances are present.
In this case, it agreed with the Intermediate Court’s assessment that the threshold for judicial mercy had not been met.
Finding no arguable case for the appeal, the Court of Appeal refused the application.
The respondent was represented by Deputy Public Prosecutor Pengiran Nor ‘Azmeena Pengiran Mohiddin, while the applicant represented himself. - Borneo Bulletin/ANN
