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Cannabis Campaigners' Guide News Database result:
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Malaysia: Duo to be hanged after losing their final appeals
Daily Express, Malaysia
Tuesday 20 Mar 2007 Kota Kinabalu: Two death row prisoners failed in their bid at the Federal Court here on Monday to reverse the death sentences imposed on them by the High Court. Judge Datuk Bentara Istana Nik Hashim Nik Abd Rahman who sat with Judges Datuk Haji Hashim Datuk Haji Yusof and Datuk Azmel Haji Maamor unanimously dismissed the appeals by Mohamed Hj Muslimin, 34, and Basil Omar, 36, respectively. The judges affirmed the death sentences by hanging imposed by the High Court which had also been affirmed by the Court of Appeal. The court made the decisions after hearing submissions from the assigned counsel for both appelents Ram Singh and Deputy Public Prosecutors Mangaiarkarasi Krishnan and Samsudin Hassan. Mohamad was convicted and sentenced to death by Sandakan High Court on May 3, 1995 for discharging a firearm, a .38 Smith & Wesson special revolver, with intent to cause death or hurt to one Corporal Paulinus Sabinus. The charge is under Section 3 of the Firearms (Increased Penalty) Act 1971 which carries the mandatory death sentence on conviction. The offence took place on April 16, 1992, at about 7.30pm in front of Syarikat Emas Yuwang, Mile 21 /2 Jalan Labuk, Sandakan. His appeal to the Court of Appeal on June 25, 1997 was rejected and his death sentence affirmed. Ram had submitted six grounds for the court to consider Mohamad's appeal. Among others, Ram, pointed out that the prosecution had failed to prove the intention of his client to cause death or hurt to the policeman. He said it was only the evidence of Paulinus that Mohamad pointed the gun at him. Ram also submitted that the prosecution had failed to call an 'informer' to testify in the trial. A prosecution witness had told the trial that police was alerted of a robbery in progress at a goldsmith shop. "Failure or omission by the prosecution to call the informer was fatal to the prosecution," Ram said. DPP Mangaiarkarasi submitted, among others, that there were concurrent findings of facts by the trial court and the Court of Appeal. "Although there is no written grounds of judgement of the Court of Appeal, the fact that the Court of Appeal affirmed the conviction and sentence passed by the High Court, clearly shows that the learned judges of the Court of Appeal agreed with the findings made by the learned High Court Judge, " she said. Meanwhile, in Basil's case, he appealed that the conviction and sentence to be set aside or alternatively reduced to that of possession only. Basil was sentenced to death by hanging by the Sandakan High Court on Sept 26, 1994 for trafficking 1,241gm of cannabis in a taxi in front of the general market in Sandakan on Jan 31, 1990. He was charged under Section 39B(1)(a) of the Dangerous Drugs Act which carries a mandatory death sentence. On June 3, 2002 the Court of Appeal affirmed the conviction and sentence imposed by the High Court. http://www.dailyexpress.com.my/news.cfm?NewsID=48385 posted by The Legalise Cannabis Alliance http://www.lca-uk.org
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