PUTRAJAYA: The Federal Court here yesterday upheld the death sentence imposed on an Indonesian found guilty of trafficking in 866 grammes of cannabis six years ago.
Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum presiding at a three-man panel with Federal Court judges Datuk Hashim Yusoff and Datuk Zulkefli Ahmad Makinudin dismissed Muklis Jafar’s final appeal.
The panel reaffirmed the Shah Alam High Court’s decision on Feb 6, 2009 to convict and sentence him to death for trafficking in the drug at Jalan Shahpadu, Kampung Teluk Kapas, Rantau Panjang, Klang, Selangor at 9.45pm on Sept 21, 2004.
The Court of Appeal also dismissed Muklis’ appeal on Nov 17, 2009.
Muklis has a final recourse to the Pardons Board to commute his death sentence to a jail term.
Justice Hashim, who handed down the decision, disagreed with defence counsel T Vijay’s argument that there was a break in the chain of evidence which affected the prosecution’s case.
According to the facts of the case, Muklis, who was riding a motorcyle, was apprehended by police in an ambush at Jalan Shahpadu, Kampung Teluk Kapas, Klang.
Police recovered a transparent plastic package containing one slab of dried plant material from inside Muklis’s pants at the front part under his navel when conducting a body search.
Vijay contended that there existed a doubt on the drug as it was not sealed when kept in the store at the police forensic laboratory for three days and the key to the store was kept by DSP Samad Yahya who was not called as a witness and neither was he offered as a witness to the defence.
Deputy public prosecutor Ahmad Bache submitted that there was no evidence to suggest tampering or mixed-up of the drug because a prosecution witness, a finger print analyst, testified that he received the drug in good condition. — Bernama