GEORGE TOWN: A coconut milk seller was sentenced to death by the High Court here today after he was found guilty of trafficking 208g of cannabis at a food court in Bukit Mertajam, more than two years ago.
Judicial Commissioner Mohd Radzi Abdul Hamid ordered R. Siva Raman, 48, to be hanged, after ruling the defence failed to raise reasonable doubt in the case.
He said the court did not believe the sworn evidence provided by the accused and another defence witness -- the only two who testified at the defence stage.
"As such, the court finds that the prosecution had succeeded in proving beyond reasonable doubt against the accused's defence.
"The court, therefore, finds you guilty under Section 39B (1)(a) of the Dangerous Drug Act 1952, punishable under Section 39B(2) of the same act.
"And since you do not fulfil the circumstances to allow this court to impose the sentence of imprisonment for life, the court has no other choice but to impose the death sentence," he said prior to handing down the sentence.
A bald Siva Raman, clad in all white, was seen shaking his head when the sentence was read to him.
Siva Raman, represented by counsel Hussaini Abdul Rashid, was charged with trafficking 208gm of cannabis in front of the Fresh Food Court at Jalan Rozhan Alma in Bukit Mertajam about 8.15pm on Jan 16, 2018.
He was charged under Section 39B (1)(a) of the Dangerous Drug Act 1952, punishable under Section 39B(2) of the same act.
Radzi, in providing grounds for his judgment, said the accused had failed to raise doubt that he had actual possession of the drugs.
He said the accused had claimed that he was arrested with two others, including the second defence witness, a fact that was rebutted in court.
"Since the second defence witness was not arrested together with the accused, he could not have witnessed the discovery of the drugs. The only person to have witnessed it was the accused himself.
"The accused lied in his sworn evidence, which made him a non-credible witness. As for the other defence witness, what he said could not be believed.
"Based on the court's finding, they failed in rebutting the presumption on the balance of probabilities or raising reasonable doubt," he added.
Radzi then asked both the prosecution and defence to submit on the possibility of life imprisonment to be meted out against the accused rather than the death penalty.
Deputy Public Prosecutor Lim Saw Sim told the court that the sentence of death should be imposed.
"Life imprisonment may be imposed only to the following circumstances, where the person convicted had assisted an enforcement agency in disrupting drug trafficking activities within or outside Malaysia.
"In this matter, there was no evidence that the accused had assisted the police or any enforcement agencies to disrupt the drug trafficking activities," she said, adding that the death sentence should be imposed as public approval against drug trafficking.
Meanwhile, at the same court, a housewife was acquitted of trafficking 32.3g of heroin and 44g of monoacethylmorphines at Jalan Chain Ferry in kampung Perlis, Butterworth about 1.50pm on April 18, 2018.
Radzi ordered S. Vasugi, 42, to be discharged, after ruling the prosecution had failed to prove a prima facie case.
He said the court was not persuaded that the accused had possession of the drugs, due to the absence of finger prints.
"The drugs were found in a common room, in this case, a store room, which was unlocked and accessible by the accused and four others staying there, including her two daughters.
"Also, the accused was very afraid and shed tears when the drugs were revealed to her. If the accused had known the contents, why did she not show any emotions when she realised that she had been caught red-handed?
"As such, this court is not convinced that the accused had possession of the drugs," he said.
A visibly overjoyed Vasugi was heard shouting "Terima Kasih Tuan!" when policemen removed her handcuffs.