Trio lose final appeal against death
Published on: Tuesday, March 20, 2018
Kota Kinabalu: Two foreigners and a man from Penang lost their final appeal, Monday, against their respective conviction and death sentence for drug trafficking and murder.A five-member Federal Court panel comprising Chief Justice Tun Md Raus Sharif, Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judges Tan Sri Zainun Ali, Tan Sri Azahar Mohamed and Tan Sri Wira Aziah Ali dismissed the appeal by Julito Raliorata Pusod, Tan Boon Kwang and Lan Yi Ling after hearing submissions from their respective counsel and the prosecution as respondent.The court affirmed the conviction and sentence imposed on them, respectively.
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Filipino Julito, 49, was appealing against his conviction and death sentence imposed by the High Court here on Jan 4, 2014.He was found guilty of murdering one Stanley John, a 27-year-old local, outside the office of Syarikat Nirawang Sdn Bhd, in Tuaran, between 7.30am and 8am on March 11, 2012.The charge under Section 302 of the Penal Code carries the mandatory death sentence, on conviction.Julito's appeal was rejected by the Court of Appeal on Jan 25, 2016.
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Earlier, counsel Hamid Ismail, representing Julito, submitted, among others, that the appellant, upon consideration of all evidence, had proven the defence of unsoundness of mind under Section 84 of the Penal Code on the balance of probabilities.Although the psychiatrist testified that the appellant was not psychotic, his evidence that he had major depressive disorder must be considered by the court, submitted Hamid, adding that the appellant had no motive to kill the deceased.
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The prosecution replied that the defence's own witness, namely the psychiatrist himself, ruled out insanity.Tan, 37, from Penang, was sentenced to death for drug trafficking. He was convicted on June 2, 2015 by the High Court here for trafficking 1,609gm of cocaine at 5.45pm on Oct 16, 2013 at the Narcotic Investigation Department at the Kota Kinabalu International Airport (Terminal 2).The offence under Section 39B(1)(a) of the Dangerous Drugs Act carries the death penalty on conviction.Tan's appeal was rejected by the Court of Appeal on Sept 19, 2016. Lan, 38, from Guangdong, China, was appealing against her conviction and death sentence for trafficking 336gm of syabu.She was found guilty and convicted by the High Court here on Nov 30, 2015 of committing the offence at 6.30pm on Aug 17, 2014 at the International Arrival Hall in Terminal 1 of the Kota Kinabalu International Airport (KKIA), here.Stay up-to-date by following Daily Express’s Telegram channel.
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