PUTRAJAYA: The Court of Appeal on Wednesday (March 18) upheld the life imprisonment and 12 strokes of the cane imposed on an Indonesian man for trafficking 549.68gm of methamphetamine.
A three-member bench chaired by Justice Datuk Azizul Azmi Adnan, sitting with Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, unanimously dismissed Mohammad Zulfikar Supiyandi Kasmin's appeal and affirmed the High Court's decision to convict and sentence him.
In delivering the decision, Justice Azizul said the defence's claim of a discrepancy in the timeline of when the drug exhibits were handed over to the chemist was not raised during the cross-examination of witnesses.
He noted that, as a general legal principle, failure to challenge witnesses on key aspects of the case is deemed acceptance of their testimony.
He also ruled that the investigating officer's failure to verify certain circumstances surrounding the arrest and recovery of the drugs did not undermine the prosecution's case.
Zulfikar, 26, had been sentenced by the Johor Baru High Court on July 28, 2024, after being found guilty of trafficking methamphetamine at a junction near Kampung Nelayan Air Masin, Kukup Laut, Johor, at 7.30pm on Dec 18, 2019.
The facts of the case revealed that Pontian police conducted a raid in the area and spotted the accused behaving suspiciously while carrying a sling bag.
A search uncovered a plastic packet wrapped in yellow packaging labelled "refined Chinese tea", containing white crystalline substances believed to be drugs.
During the appeal, defence counsel Ho Zhi Qian argued that there was a break in the chain of custody of the drug exhibits, citing inconsistencies in records related to their handling.
However, Deputy Public Prosecutor Mohd Zain Ibrahim maintained that the chain of evidence remained intact from seizure to laboratory analysis and presentation in court.
He added that the prosecution had proven the type and weight of the drugs through witness testimony and a chemist's report, which went unchallenged by the defence.
Zulfikar retains the option to file a final appeal at the Federal Court. - Bernama
