PUTRAJAYA: Three Mexican brothers searching for greener pastures in Malaysia were among five people sent to the gallows by the Federal Court for drug trafficking on Thursday.
Brothers Luis Alfonso, 47, Simon, 40 and Jose Regino Gonzalez Villarreal, 37, together with Malaysian Lee Boon Siah and Singaporean Lim Hung Wang had their application dismissed unanimously by a five-member panel chaired by Justice Zulkefli Ahmad Makinudin.
"We are of the view there is no prejudice to the appellants and found no miscarriage of justice," said Zulkefli in the oral judgement.
The panel of judges went through the submissions from counsels representing Lim and the brothers, Hisyam Teh Poh Teik and Kitson Foong for more than three hours.
Hisyam and Foong argued there was a break in physical evidence as it was tampered, with an increment of 8.5kg of methamphathamine in the chemist's post-analysis.
"We are challenging that the shape, colour, size and very importantly - weight has changed after the drugs were recovered from the lost," said Foong.
Roped in to assist Foong in this last stage of application to dismiss the conviction and sentencing of the drug traffickers, Hisyam further said the police safeguarding the evidences were not called as witnesses by the prosecution.
"The integrity of evidence is lost before and after the analysis. Why were the six police not called forward to testify no one tampered the evidence?" questioned Hisyam.
Deputy public prosecutor Mangaiarkarasi Krishnan then argued weight is not of concern in this case.
"Never mind if its just 1 gramme, it is drug trafficking. There was massive circumstantial evidence leading to the inference the accused were manufacturing drugs at the factory.
"There is no need to prove the weight of drugs involved," said Mangaiarkarasi.
After two stand downs, the judges concluded there was no break in evidence.
"We are satisfied the exhibit which contained the drug methamphetamine was found and sealed.
"Even if there is an act of tampering, it is after recovery and analysis of exhibits which doesn't affect the identity of the exhibitis," said Zulkeflli.
The brothers were arrested on March 4, 2008, a couple of months after they arrived in Malaysia to work in a factory in Senai Industrial Park, Johor.
Mexican ambasssador to Malaysia Carlos Felix Corona told reporters after the trial that his Government will review certain elements of the case with lawyers and see how they could help the brothers.
Foong, after speaking to Carlos said the five men will file a judicial review to have a different panel look at the matter.
In August 2013, the Court of Appeal led by Justice Azahar Mohamed upheld the decision of the High Court in convicting the five men.
The five were first given the death sentence in the Johor Bahru High Court in May 2012 by Justice Mohd Nawawi Salleh.
They were charged with 29,460.17 grammes of methamphetamine trafficking (by the way of manufacturing) .
Lee was defended by lawyer Rosal Azimin Ahmad.
Already a subscriber? Log in
Get 20% OFF The Star Digital Access
Cancel anytime. Ad-free. Unlimited access with perks.
