PUTRAJAYA: A Nepali and two Malaysians escaped the gallows today for trafficking ganja after the prosecution accepted their representation to reduce the charge to possession.
A three-member Court of Appeal bench chaired by Hanipah Farikullah sentenced Nepali Kumar Sah, K Ramesh and M Nadarajan to 10 year’s jail and 10 strokes of the rotan.
The others on the bench were Hadhariah Syed Ismail and Nordin Hassan.
The trio were charged with trafficking 290.76gm of ganja at Jalan Nyior in Kampung Kangkar Tebrau, Johor Bahru, on March 10 , 2015
The High Court sentenced them to death two years ago.
However, their lawyer made a representation to the public prosecutor to reduce the charge to possession, which carries a maximum jail term of 30 years and 24 strokes of the rotan.
DPP K Mangai confirmed a letter of representation was sent and the prosecution was conceding to the appeal.
Lawyer Kharen Jit Kaur represented Raj Kuma, Subash Ramasamy appeared for Ramesh, and Mohd Daud Ismail for Nadarajan.
“All three will be serving jail for another year and whipped before they are freed,” Daud told FMT.
The same bench later ordered a female Chinese national, Guo Renchun, 31, to enter her defence for trafficking 1.8kg of methamphetamine.
“The trial judge has erred in law and fact to find the respondent (Guo) guilty of possession,” said Hanipah, who allowed the prosecution’s appeal.
The High Court sentenced Guo to 16 years’ jail three years ago. She was said to have trafficked the drugs at the arrival hall of the Kuala Lumpur International Airport in Sepang on Jan 12, 2014.
The drugs were said to have been concealed in tea packages, custard pie and fast food kept in a travel bag.
DPP Asmah Musa appeared for the prosecution, while Jerald Gomez was assigned by the court to represent Guo.
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