Drugs: Cosmetic seller sentenced to jail, gets rotan

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KOTA KINABALU: A cosmetic seller was yesterday sentenced to five years’ jail and ordered to be given 10 strokes of the cane after he was found guilty of possessing 43.48 grams of Syabu two years ago.

PAYING FOR HIS CRIME: Albert (right) leaves the courtroom after he was sentenced to five years’ jail and ordered to be given 10 strokes of the cane. At centre is deputy public  prosecutor Uma Devi Balasubramaniam.

PAYING FOR HIS CRIME: Albert (right) leaves the courtroom after he was sentenced to five years’ jail and ordered to be given 10 strokes of the cane. At centre is deputy public prosecutor Uma Devi Balasubramaniam.

Sessions Court judge Caroline Bee Majanil, in convicting Albert Leong Kin Men, 31, ruled that the prosecution had proven a case against the accused, who was defended by counsel Zahir Shah.

The court ordered Albert to serve the jail term from the date of his arrest on April 16, 2008.

Albert was caught with the Syabu at a car park in Putatan Superstore, Kinarut here about 8.30pm on April 16, 2008.

He was tried under Section 39A (2) (r) of the Dangerous Drugs Act 1952 which carries life imprisonment or a jail term of not less than five years and could be whipped not less than 10 strokes of the cane.

His trial started on May 13, 2009 with the prosecution calling nine witnesses.

On June 29, 2009, the court ordered Albert to enter his defence. Two witnesses were called.

Deputy Public Prosecutor Uma Devi Balasubramaniam appeared for the prosecution.

In an unrelated case, Caroline acquitted and discharged Mohd Afizan Asmat from a charge of robbing a woman while armed with a knife two years ago.

Caroline ruled that the prosecution failed to establish a case against the accused (who was unrepresented) from Kampung Lokub, Menggatal.

Afizan allegedly robbed Jennie @ Nita Jospeh of a handphone, a MyKad, and one ATM card altogether worth RM450 at knife point at a bus station in Indah Permai, Menggatal at about 4.50pm on July 22, 2008.

He allegedly committed the offence with two other persons who are still at large.

The offence under Section 395/397 of the Penal Code is punishable by a jail term of up to 20 years and whipping.