PUTRAJAYA: Two men released from prison earlier this year must return to serve the remainder of their original 30-year sentence after the Federal Court reinstated their convictions for trafficking 264.36 grams of cannabis.
A three-man bench chaired by Justice Datuk Rhodzariah Bujang ruled that the prosecution had proved beyond reasonable doubt that Azril Azhar Ahmad and Zulfattar Md Ridzuan had trafficked in the drug.
Delivering the court's broad grounds, Justice Lee said the Court of Appeal had misdirected itself when it substituted the men's trafficking convictions with possession, on the grounds that the amount of cannabis seized was only marginally above the statutory threshold for the presumption of trafficking.
"We find there was overwhelming evidence of trafficking as found by the trial court,” he said.
He added that the evidence showed equipment associated with drug trafficking, including a digital weighing scale, plastic packets and a penknife, had been found in the car where the drugs were seized.
Justice Lee said it was never the defence's case that the drugs were intended for personal consumption, adding that the appellate court had made an assumption based on speculation.
The Federal Court reinstated the 30-year jail term that the High Court had imposed on both men on Oct 20, 2023.
Zulfattar was also ordered to undergo 12 strokes of the rotan, while Azril was exempted from whipping as he had reached the age of 50. The sentence takes effect from Sept 26, 2020, the date of their arrest.
On May 6 last year, the Court of Appeal substituted their trafficking conviction with possession and sentenced both men to eight years' imprisonment and 10 strokes of the cane, prompting an appeal by the prosecution to the Federal Court.
Azril, 50, and Zulfattar, 44, were released from prison on Feb 23 this year after completing their sentences. Both were present in court on Monday (Sept 28).
The offence took place behind a petrol station in Persiaran Industri Galla, Taman Perindustrian Galla, Seremban, Negeri Sembilan, on Sept 26, 2020.
The two men were also convicted by the same High Court of possessing 8.8 grammes of methamphetamine and each sentenced to five years' imprisonment and five strokes of the rotan.
The Court of Appeal upheld the jail terms but reduced the caning to three strokes, a decision neither man appealed to the Federal Court.
At the proceedings, deputy public prosecutor How Mei Ling appeared for the prosecution.
Azril was represented by lawyers Hasnan Hamzah and Qushwa Hasnan, while Jaspal Singh Mann and Pramjit Kaur appeared for Zulfattar.
Also on the bench were Justices Datuk Lee Swee Seng and Datuk P. Ravinthran. – Bernama
