PUTRAJAYA: The Court of Appeal upheld the life imprisonment sentence imposed on a contractor convicted of trafficking in 9.6kg of methamphetamine.
A three-man bench led by Justice Datuk Noorin Badaruddin, sitting with Justices Datuk Mohd Radzi Abdul Hamid and Datuk Meor Hashimi Abdul Hamid, unanimously dismissed See Eng Hooi’s appeal against the High Court’s conviction and sentence.
Delivering the court’s decision, Justice Noorin said the prosecution had proven beyond reasonable doubt that See had possession of and knowledge of the 9,601.1g of methamphetamine found at the premises.
She said See was the sole person found inside the premises, while police surveillance conducted before the raid showed no movement into or out of the property.
She said a bunch of keys was found in the appellant’s pocket, including the key to the main gate of the premises, and that the premises also contained methamphetamine, meth oil, chemicals, acids and drug-processing equipment, while the appellant’s DNA was found on several personal and daily-use items recovered from the premises.
Justice Noorin said the cumulative circumstantial evidence established that the appellant exercised care, custody and control over the premises and had knowledge of the drugs found in the premises.
She further said the offence of drug trafficking does not require the prosecution to establish legal ownership for formal tenancy of the premises and the absence of evidence identifying the appellant as the registered tenant did not create a reasonable doubt over his possession of the drugs.
Justice Noorin said the High Court had correctly rejected See’s claim that he was at the premises only to repair a water pipe at the request of a man known as Martin, finding that his defence was a fabrication intended to distance himself from the drugs.
On Aug 25, 2023, the Butterworth High Court found See, 59, guilty of trafficking the drugs and sentenced him to life imprisonment to take effect from the date of his arrest on January 23, 2017.
The offence was committed in a house in Paya Terubong, Air Itam, Pulau Pinang at 3.20pm on January 23, 2017.
See has one remaining avenue of appeal, which is to appeal to the Federal Court.
At the Court of Appeal proceedings, See was represented by lawyers Datuk Hisyam Teh Poh Teik, Kee Wei Lon, Siti Summaiyah Ahmad and Ee Gen You while Deputy Public Prosecutor Allan Suman Pillai appeared for the prosecution.- Bernama
