Three men spared the gallows, jailed 15 years for possessing methamphetamine

PUTRAJAYA: Three men, including two foreign nationals, have been spared from the death penalty by the Court of Appeal. The court reduced their charge of trafficking 9kg of methamphetamine to possession of the drugs instead. K. Dinakaran, 43; Bangladeshi Asraful Alam, 28; and Indian national Arivazhagan Murugesan, 50; have now been sentenced to 15 years’ imprisonment and 10 strokes of the cane each. The sentencing will be effective from August 13, 2016, the date of their arrest. The Court of Appeal’s three-member panel, consisting of Justices Datuk Hadhariah Syed Ismail, Datuk Azman Abdullah, and Datuk S.M.Komathy Suppiah, overturned the death sentence for drug trafficking imposed by the High Court.

In explaining the court’s decision, Justice Hadhariah stated that the charge against the three men was flawed, as it accused them of trafficking by manufacturing the drug instead of preparing to manufacture it. She also highlighted that the High Court judge neglected to provide the accused with guidance on whether there was actual or presumed possession, which hindered their ability to prepare their defenses. Additionally, she mentioned that the prosecution failed to call or provide material witnesses to the defense, which should result in an adverse inference being drawn against them. According to Justice Hadhariah, the court exercised its discretion to reduce the charge to possession of the drugs.

Following the court’s decision, Dinakaran, a worker in odd jobs; Asraful, a former student; and Arivazhagan, a laborer, pleaded guilty to the possession charge. In 2019, the High Court had found them guilty of trafficking 9,179.34g of methamphetamine, which was discovered at a house in Jalan 3, Ampang, Selangor on August 13, 2016.

During the proceedings, Afifuddin Ahmad Hafifi, the defense lawyer, requested a jail sentence of 10 to 15 years for the defendants. However, deputy public prosecutor Solehah Noratikah Ismail recommended a sentence of 18 to 20 years, taking into account the weight of the drugs.

– Bernama