PUTRAJAYA: The Federal Court here yesterday overturned a factory worker’s 18 years’ jail term and sentenced him to death on two drug trafficking charges.After the court pronounced its judgment, Zulkifli Arshad, 35, was seen in tears when hugged by his family members.
He was also seen asking his counsel, Hisyam Teh Poh Teik, why the court reversed his 18 years’ jail sentence for possession of the drugs imposed by the Court of Appeal.
The appeal by the prosecution was heard before Datuk Hashim Yusoff, Datuk Wira Mohd Ghazali Mohd Yusoff and Datuk Seri S. Augustine Paul.
Hashim, in his 18-page judgment, said the court agreed with the High Court judge that upon all evaluation of the prosecution case and the defence case, the prosecution had proven its case beyond reasonable doubt that Zulkifli was trafficking in the drugs.
He said the court was satisfied that the trial judge had given a maximum evaluation of all the evidence before him and came to the right conclusion and the defence had also failed to rebut the presumption of trafficking and to raise a reasonable doubt.
“The conviction and sentence by the Court of Appeal is set aside and the conviction and sentence of the High Court are hereby restored,” said Hashim in allowing the prosecution appeal against the Court of Appeal’s ruling.
Deputy public prosecutor Manoj Kurup represented the prosecution.
Hashim said that at the time when the judgment was drafted Paul had passed away but Mohd Ghazali had seen the judgment in draft and expressed his concurrence with it.
“This would form the majority judgment of the court,” he said.
Paul, 65, died on Jan 2 this year, after suffering from a chronic illness for some time.
On April 23, 2004, the Muar High Court convicted and sentenced Zulkifli to death on two counts of trafficking in drugs.
The Court of Appeal reversed the High Court’s ruling and sentenced Zulkifli to 18 years’ jail on each charge and 10 strokes of the rotan after granting his appeal against the High Court order.
The jail sentences were to run concurrently.
Zulkifli was charged with trafficking in 5796.7gm of cannabis in a car at Km10 Jalan Kluang, Batu Pahat, Johor, and 3867.2gm of cannabis in a house in Parit Senkuang, Jalan Kluang, Sri Gading, at about 1am on Jan 27, 2001. — Bernama