A contractor has successfully appealed his conviction and death sentence for drug trafficking, thereby avoiding the death penalty. Feroz Mohamed’s appeal was granted by a three-member Court of Appeal bench consisting of Justices Datuk Vazeer Alam Mydin Meera, Datuk M. Gunalan, and Datuk SM Komathy Suppiah on September 15. Justice Vazeer stated that Feroz’s conviction was not safe to be upheld, as it relied on the doubtful testimony of the raiding officer, calling into question his credibility. Feroz’s lawyer, Afifuddin Ahmad Hafifi, confirmed this decision.
Feroz had been convicted on November 26, 2021, by the High Court on two charges of trafficking cannabis and subsequently sentenced to death. The first charge accused him of trafficking 10,221.50hg of cannabis at a Penang house on June 25, 2018, while the second charge accused him of trafficking 2,354g of cannabis at a flat in Penang on the same day.
During the appeal, Afifuddin raised three issues, one of which concerned the credibility of the raiding officer who testified. Afifuddin argued that a recording made by a defense witness established the existence of a man named Taiyob, who the police did not investigate or locate. Feroz’s defense claimed that the drugs belonged to Taiyob, who resided in the flat where they were found. Feroz also asserted that Taiyob had used the car associated with the drugs, and that the police were actually looking for Taiyob, not him.
The ruling of the Court of Appeal rendered Feroz’s appeal successful and resulted in his conviction and death sentence being set aside. The prosecution’s case was largely based on the raiding officer’s testimony, which was deemed doubtful, thereby undermining its credibility. Deputy Public Prosecutor Dhiya Syazwani Izyan Mohd Akhir represented the prosecution in this case.
In conclusion, Feroz Mohamed, a contractor, has managed to overturn his conviction and death sentence for drug trafficking through a successful appeal. The Court of Appeal deemed his conviction unsafe due to doubts surrounding the credibility of the raiding officer’s testimony. Feroz’s lawyer argued that the police failed to investigate a key witness, thereby supporting Feroz’s claim that the drugs belonged to someone else. As a result, Feroz’s appeal was allowed, and his conviction and death sentence were set aside.
Credit: The Star : News Feed
