Kota Kinabalu: Two brothers were sentenced to death by the High Court here for trafficking 293.04gm of syabu.
Judge Datuk Nurchaya Hj Arshad held that from the testimony of the investigating officer, it was apparent that Section 39B(2A)(d) of the Dangerous Drugs Act did not qualify and therefore both Tan Chun Cheng and Tan Choon Hui were sentenced to death.
On April 6, Chun Cheng, 41, and Choon Hui, 39, were found guilty of committing the offence at 7.25pm on Dec 19, 2016 at the Towering Industrial Centre in Penampang.
The investigating officer was re-called to give his statement whether the brothers have provided information that led police to foil a drug trafficking activity.
The matter arose pertaining to the sentencing as the amended law relating to Section 39B of the Dangerous Drugs Act 1952 comes in effect on March 15, this year.
Under the new amendment, any person who is found guilty of trafficking dangerous drugs can be punished with either the death penalty or life in prison and whipping with a minimum of 15 strokes.
Prior to the amendment, the offence carries the death penalty upon conviction.
They were found guilty as charged under Section 39B (1)(a) of the Dangerous Drugs Act.
Deputy Public Prosecutor Gan Peng Kun prosecuted while the brothers were represented by counsel PJ Perira.
Meanwhile, in the Magistrate's Court, a contractor was fined RM25 or one month's jail for behaving indecently in public by cursing a church pastor in Inanam.
Raymond Masuli, 28, admitted before Magistrate Afiq Agoes to committing the offence to one Bios Solingkin at 3pm on May 28 at SIB church at Metro Minintod.
He had committed an offence under Section 15 of the Minor Offences Ordinance, which provides for a fine of RM25 or jail on conviction.
Source: Daily Express, Jo Ann Mool, June 6, 2018
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