Two escape gallows, get jail instead for drug possession

PUTRAJAYA: Two men escaped the hangman’s noose on Thursday (Sept 7) after their drug trafficking charges were reduced to possession.

Chow Kum Yuen, 37, was sentenced to 18 years in jail and 20 strokes of the cane, while S. Inthiran, 31, was given a 12-year prison term and 10 strokes of the cane after they pleaded guilty before the Federal Court’s three-member panel of judges to the drug possession charges.

The cases were heard separately by the panel comprising Chief Justice Tun Tengku Maimun Tuan Mat and Federal Court judges Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.

The court set aside the duo’s conviction and death sentences for trafficking and substituted it with a charge of drug possession.

This was after Chow’s lawyer Datuk Hisyam Teh Poh Teik and Inthiran’s counsel Datuk Baljit Singh respectively informed the court that the Attorney General’s Chambers had accepted their representations for the trafficking charges to be substituted with possession.

This was confirmed by deputy public prosecutor Mohd Amril Johari for Chow’s case and DPP Parvin Hameedah Natchiar for Inthiran’s case.

Chow, a mechanic, pleaded guilty to four charges of possessing 163.6g of nimetazepam, 1819.61g of ecstasy, 163.71g of methamphetamine and 482.96g of ketamine at a house in Jalan Desa Mesra, Jalan Kelang, Taman Desa, Kuala Lumpur on April 18, 2017.

On Nov 22, 2019, the High Court found him guilty of four charges of drug trafficking and sentenced him to death. The court also found him guilty of possessing 51.80g of cannabis and sentenced him to 10 years in prison and 10 strokes of the cane.

Chow only appealed to the Court of Appeal against his conviction and death sentence for the trafficking offences but it was dismissed on March 9 last year.

On Thursday, Justice Tengku Maimun sentenced Chow to five years in jail each for the charges of possessing nimetazepam and ketamine and 18 years’ jail and 10 strokes of the cane each for the other two charges.

She ordered the sentences to run concurrently from April 18, 2017, the date of his arrest.

Chow will receive 24 strokes of the cane instead of 30 as Section 288 (5) of the Criminal Procedure Code states that for a person who is convicted of two or more distinct offences, the combined sentences of whipping awarded by the court for such offences shall not exceed 24 strokes.

Meanwhile, Inthiran, a lorry driver, pleaded guilty to possessing 2238.49g of heroin in front of a mini market in Jalan Desa Jaya 1, Taman Jana Jaya 11, Kamunting, Perak on March 29, 2017.

He was initially found guilty of trafficking and sentenced to death by the High Court on April 6, 2018. His appeal to the Court of Appeal was dismissed on March 10 last year.

Justice Tengku Maimun ordered Inthiran to serve 12 years in jail to begin from the date of his arrest on March 29, 2017, and also ordered him to be given 10 strokes of the cane. – BK