Death penalty affirmed for drug trafficker

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KUCHING: The Federal Court yesterday affirmed the death penalty on a man for trafficking in 95.77g of methamphetamine four years ago.

Justice Tan Sri Ariffin Zakaria who sat together with Justices Dato Md Raus Sharif and Tan Sri James Foong Cheng Yuen unanimously dismissed Thien Teck Soon’s appeal against conviction.

In passing the order they upheld the Court of Appeal’s decision and that of the Limbang High Court.

Ariffin dismissed the appeal, saying there was no merit in it after hearing the submission from Thien’s assigned counsel Abdul Rahman Mohd Hazmi and DPP Awang Armadajaya Awang Mahmud.

On Sept 27, 2007, Thien was sentenced to death by the High Court after he was found guilty of trafficking in methamphetamine inside a budget hotel at Jalan Buangsiol, Limbang between 5.40pm and 7.15pm.

He was also found guilty of another two charges of possessing 13.43g of methamphetamine and 0.26g of cannabis, but he only appealed against the death sentence. The appellant was tried under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which provides for the mandatory death sentence on conviction.

For the second and third charges, he was tried under Section Section 12(2) of the DDA for possessing 13.43g methamphetamine and Section 6 of the DDA for possessing 0.26g of cannabis.

For the second charge he was imprisoned 10 years with 10 lashes while for the third charge, he was fined RM5,000 in default three years’ imprisonment.

Abdul Rahman said their ground of appeal was whether there had been a selling transaction, because when arrested at the hotel, Thien was counting a total of RM21,000 in cash though the drug had not been sold off yet.