Drug: Appeal against couple's release dismissed
Published on: Saturday, April 23, 2016
Kota Kinabalu: The High Court dismissed the prosecution's appeal against the good behaviour bond order on a married couple for having 5.34gm of syabu.Judge Datuk Nurchaya Hj Arshad maintained the order issued by the Magistrate's Court last year on Ameyrul Sabri, 25, and his wife Siti Azreena Ismail, 22, on Friday.The couple had been released on a two-year good behaviour bond with a surety of RM2,000 each after they pleaded guilty to the offence.ADVERTISEMENT Deputy Public Prosecutor Gan Peng Kun submitted among others, that the guilty plea was not an automatic exception to punishment and that Section 39A(1) of the Dangerous Drugs Act provides for a jail term of between two years and five years and whipping.Gan urged the court to enhance the punishment to at least two years imprisonment. Counsel Hairul V. Othman, who represented the couple, told the court that the case was done via unofficial plea bargaining and he believed that the prosecution at the lower court did not have any objection to the sentence delivered by the Magistrate.Hairul said the bond was suitable given that the couple, who has a five-year-old child, was a first offender, still young and should be given a second chance to improve their life.Meanwhile, Ameyrul, when asked by the court, said the drug was for his consumption so that could take working on a paddy field. ADVERTISEMENT In another case, a 47-year-old Timorese, who was jailed 20 years for manslaughter, withdrew his appeal against his sentence and conviction.Nurchaya granted Martinus Petros' application on Friday which was fixed for hearing of his appeal.
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Martinus was on June 16, 2015 sentenced to 20 years' jail by the Sessions Court after he was found guilty of causing the death of one Basir Laisia, 40, at a field in Kampung Pulutan, Manggatal, between 7pm on Oct 20, 2013 and 1am the following day.The prosecution also withdrew their cross-appeal against the lower court's decision following Martinus' wish to withdraw his appeal. Counsel Hamid Ismail appeared for Martinus and Deputy Public Prosecutor Aida Fatimah Datuk Abdul Jabar for the prosecution.