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Borneo: M'sian sentenced to death for possessing cannabis
Rol Ezam and Malai FadleyRizal Borneo Bulletin
Wednesday 27 Oct 2004 A Malaysian national was sentenced to death by hanging by the Brunei High Court yesterday for possessing a compressed slab of cannabis weighing 922.276 grammes for the purpose of trafficking. His compatriot, who was jointly charged, however escaped the noose. Under the Brunei law, possessing more than 600 grammes of a controlled drug carries the death penalty. The defendant, Lam Ming Hwa, who is the second defendant, was found guilty after trial for possessing the said drugs by the Chief Justice Dato Seri Paduka Mohammed Saied and Judge Dato Paduka Steven Chong. Lam Ming Hwa and first defendant Sylvester Anak Kuling were caught by the Narcotics Control Bureau officers at a plaza in Tutong on November 24, 2002. "Since the amount of cannabis exceeds 600 grammes, the sentence we are obliged to pass is one of death, with a direction that he be hanged by the neck till he is dead," said the Chief Justice in passing his verdict. The court rejected explanations of the defendant, who is represented by Counsel Mr Zamri Hj Md Taha, about his right ring finger impression found on the black packet inside the plastic bag, which led to the conviction. "Having considered his evidence, we are of the considered opinion that there is nothing in his evidence or in the circumstances appearing in the prosecution case that would rebut that presumption of possession in him of the cannabis in the packet, which bore his fingerprint impression," the Chief Justice noted. Meanwhile the first defendant, Sylvester Anak Kuling, who was previously involved in road laying work in Kanowit, Sibu and later helped his friend working at a vegetable garden, was found innocent of the charge as the court accepted his explanation on the presence of his right middle finger impression on a black plastic bag which was discovered by the NCB officers beneath the front passenger seat of a car bearing registration number BF 9924. During the trial, Sylvester, who is represented by Counsel Mr Ridzlan Hj Ibrahim, claimed that he accidentally touched "something" which was beneath the seat of the car when he was adjusting the seat backwards. As it was not his car, he did not pay much attention to it. "The phrase lack of credibility seems to us to imply that a defendant has to be credible to avoid his defence and/or explanation rejected by the court. He may not seem credible, yet the defence on which he relies may raise reasonable doubt about the prosecution case against him, which would entitle him to an acquittal," said the Chief Justice in acquitting the defendant. Besides the joint charge, both of them faced two charges of consuming Methylamphetamine and cannabis respectively to which they pleaded guilty earlier. The Judge sentenced Sylvester to 3 months' imprisonment while Lam, who is a second offender under the MDA, was sentenced to 3 years' jail on each of the charges. The sentences, however, were ordered to be run concurrently with effect from the date of their arrest on November 24, 2002. Deputy Public Prosecutor Hj Nabil Daraina, assisted by DPP Hjh Anifa Rafiza, conducted the prosecution.
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