SIBU: The High Court here yesterday (Mar 13) sentenced a former log grader to death by hanging for trafficking in dangerous drug – methamphetamine.
Justice Christopher Chin Soo Yin found Loi Kwong Kiat, 54, guilty after he was called to enter his defence.
Loi was jointly charged with another person, Michael Loh, 57, with trafficking 65.94 grams of methamphetamine at a room in Lorong Tun Ahmad Zaidi at about 2.30am on July 7, 2020.
However, Loh represented by legal counsel Orlando Chua was discharged and acquitted from the charge at the end of the prosecution case without being called to enter his defence on Aug 19 last year.
Loi from Lorong Selasih Timur, represented by lawyer Rosli Gapor was then ordered to enter his defence as prima facie case had been established against him by the prosecution during the trial.
The charge was framed under Section 39B(1)(A) of Dangerous Drugs Act, 1952 (Act 234), which carries the death penalty upon conviction.
In his ruling, Chin found that the accused had failed to cast a reasonable doubt against the prosecution’s case against him.
He further found that the presumption of trafficking has not been rebutted on the balance of probabilities.
“The ingredients of offence has been proven against him and not dispelled by him. I find the accused guilty as charged and convict him accordingly of the offence under section 39B(1) (A) of the Dangerous Drugs 1952.
“As there was clear evidence of him engaged in the sale of drugs, I have no alternative but to impose the only sentence mandated by law in that I sentence the accused to death,” he stated. Chin allowed a stay of execution of the sentence upon application by the defence counsel pending appeal to the Court of Appeal.
