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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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