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Malaysia: Death sentence stays for Indon
The Star, Malaysia
Friday 31 Mar 2006 PENANG: An Indonesian labourer looked calm when the Court of Appeal dismissed his appeal against conviction and the death sentence on a charge of drug trafficking. Parlan Dadeh, 33, nodded his head when an interpreter from the Indonesian Consulate here explained the court’s decision to him yesterday. Parlan was charged with trafficking in 436.2gm of cannabis in front of a restaurant in Jalan Tok Kangar, Juru, Central Seberang Prai on Nov 8, 2000. He was found guilty and sentenced to death by a High Court here on April 29, 2003. The Court of Appeal delivered its decision after having heard arguments by counsel M.M. Athimulan and DPP Manoj Kurup on Monday. At the hearing of the appeal, DPP Manoj had submitted that Parlan had knowledge of the drug as it was concealed at his waist inside his jeans. Athimulan said that although inference could be drawn that Parlan knew he was concealing prohibited items, he might not have known it was a drug. Court of Appeal Justices Gopal Sri Ram, Mohd Ghazali Mohd Yusoff, and Zulkefli Ahmad Makinudin in their finding, said Parlan’s counsel had relied heavily on Parlan having no knowledge of the content of the black plastic bag tucked inside his jeans. “The court must weigh if the Parlan’s claim of ignorance is credible. “After perusing the record carefully, the question arises as to who could have placed the plastic bag inside his jeans. Only he could have done so,” the court held. The court also held that it was entirely satisfied that the trial judge had been right in ruling that Parlan had know-ledge of the content of the plastic bag in his possession. The court dismissed Parlan’s appeal. The decision allows Parlan an automatic appeal to the Federal Court. In an unrelated case in a magistrate’s court here yesterday, chicken seller Mohamed Faizal Kamaludeen denied six counts of cheat- ing a chicken supplier of RM28,000. Defence counsel Lucia Minta told the court that her client could not afford a high sum of bail because his business suffered following the avian flu outbreak. Mohamed Faizal, 24, is charged with cheating Ang Eng Thye by issuing the latter cheques for amounts totalling RM28,000 as payment for chicken supplied to him when his account had been closed. He is alleged to have committed the offences between Oct 13 and Nov 7 last year. Magistrate Shahrizat Ismail fixed bail at RM9,500 for all six charges pending hearing on Nov 7. Mohamed Faizal posted bail.
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