KOTA KINABALU: A 34-year-old Kuala Lumpur-based car service advisor lost his bid at the Court of Appeal here yesterday to have his death sentence for drug trafficking set aside.
Justices Datuk Rohana Yusuf, Tan Sri Idrus Harun and Datuk Zabariah Mohd Yusof unanimously upheld the capital punishment imposed on Henry Chan Kok Loon by the High Court here on December 14, 2016.
The appellant was found guilty of trafficking in 1,514.7 grams of syabu in Kepayan near here on February 12, 2015.
Chan who was represented by counsel Ram Singh was convicted under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carries the death penalty, upon conviction.
Meanwhile, the Court of Appeal yesterday ordered the case of a 59-year-old Buddhist temple volunteer who appealed against his sentence for cheating and using false documents in a land matter to be sent back to the High Court for re-hearing before a different judge.
The Appellate Court unanimously decided to remit the case to the High Court after allowing Heng Chin Hing @ Wong Chin Hing’s appeal against the High Court’s decision.
The High Court had upheld his sentence of 48 months’ jail and RM40,000 fine imposed by the Sessions Court here after he was found guilty of all charges on May 18, 2016.
On the first count, Heng who was represented by counsel Ram was jailed for 12 months and fined RM40,000, in default, eight months’ jail.
On the second, third and fourth counts, he was sentenced to 12 months’ jail each. The lower court ordered him to serve all the jail terms from the date of his conviction.
On the first count, the appellant was found guilty of cheating one Chong Yu Long and one Chong Siew Kuan of RM23,000 as part payment for the purchase of a land lot in Tomangong Estate in Kinabatangan by inducing them to believe that he was the holder of a ‘Power of Attorney’ dated February 8, 1977 for the said land lot. The offence was framed under Section 420 of the Penal Code which provides for a jail term of up to 10 years and whipping and a fine, upon conviction.
On the second, third and fourth charges, Heng was found guilty of using three forged documents – the said ‘Power of Attorney’ that purportedly gave him authorization over the said land; The River Estate Sdn Bhd’s ‘Special Resolution of the Board of Directors’ dated January 7, 1977, an authorization letter for him pertaining to the said land and; a ‘Personal Declaration and Testimony’ by R. G. Barrett dated February 8, 1977 agreeing to give an authorization letter to him pertaining to the said land.
The offences took place on March 2012 at a law firm at Damai Plaza IV, Lorong Kayu Manis here.
The three charges framed under Section 471 of the Penal Code and punishable under Section 467 of the same Code carries a jail term of up to 20 years and a fine, upon conviction.