Drugs: Death sentence on sub-contractor upheld

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PUTRAJAYA: The Federal Court here yesterday upheld the Taiping High Court’s conviction and death sentence imposed on a sub-contractor three years ago for trafficking in 4,645g of cannabis.

Court of Appeal President Tan Sri Alauddin Mohd Sheriff and Federal Court judges Datuk Seri Md Raus Sharif and Datuk Abdull Hamid Embong unanimously dismissed Rosli Shaik Yahaya’s appeal to set aside the conviction and sentence.

Rosli, 46, was found guilty and sentenced to death by the Taiping High Court on Nov 21, 2007 for the offence committed in front of the Taiping railway station at Jalan Stesyen, Taiping, Perak at 7.05 am on Feb 5, 2000.

He lodged an appeal to the Federal Court after he was unsuccessful in his appeal last year at the Court of Appeal to overturn the High Court’s decision.

The three-man panel also ruled that there was no necessity for the trial judge to give his reasons for calling an accused person to make his defence at the end of the prosecution’s case.

The panel agreed with deputy public prosecutor Ahmad Bache that there was no such necessity by the high court judge to do so (give his reasons) under Section 180 of the Criminal Procedure Code.

Earlier, in the proceedings, Rosli’s lawyer Sukhaimi Mashud urged the court to acquit Rosli on grounds that there was a misdirection on the part of the High Court judge Datuk Zakaria Sam who did not give his reasons for calling Rosli to make his defence to the charge at the end of the prosecution’s case.

Sukhaimi argued that the trial judge was required to give his reasons so that an accused person knew how to defend himself. — Bernama