Kota Kinabalu: Two men, previously charged with drug trafficking, were on Tuesday sentenced to an imprisonment and whipping after they pleaded guilty to an alternative charge of drug possession, respectively.
Mohd Sapri Md Zainullah, 28, was sentenced to 13 years’ jail and ordered to be caned 10 times after he pleaded guilty to having 84.41gm of syabu at 12.15pm on Aug 21, 2017 at a roadside in front of a premises at KK Times Square, here.
Syaharudin Salfudin, 23, was handed five years’ jail and ordered 10 lashes of the cane after he admitted to having 84.03gm of syabu at 8.45pm on Aug 11, 2017 at a car park area of the Kimi Bundle building Jalan Baru, Kg Suangon, Kinarut, Papar. High Court Judge Datuk Nurchaya Hj Arshad ordered Sapri and Syaharudin to serve their sentence from the date of their arrest.
The alternative charges against them were framed under Section 12(2) of Dangerous Drugs Act 1952 which is punishable under Section 39A(2) of the same Act with life imprisonment or a jail term of not less than five years and whipping not less than 10 strokes on conviction.
The alternative charges were offered to them by the prosecution, who informed the court that the prosecution had accepted their respective representation.
Sapri and Syaharudin, were originally charged with trafficking the drug under Section 39B(1)(a) of the Dangerous Drugs Act (DDA) 1952 which carries a punishment with either the death penalty or life imprisonment and whipping with a minimum of 15 strokes on conviction.
Deputy Public Prosecutor Rozanna Abdul Hadi applied the sentence in the form of lesson to both Sapri and Syaharudin as well to would-be offenders.
The public interest should take precedence over personal interests of the accused, said DPP Rozanna.
Counsel Farazwin Haxdy, representing Sapri, requested for leniency and applied for the shortest imprisonment and lowest whipping sentences on the grounds that he was remorseful of his action and had been detained for almost six years since 2017, which served a great lesson to him.
Farazwin also submitted that there were two others who were detained together with Sapri on the said day and that the other two served their sentence under the Special Preventive Measures (LLPK) and were not charged under Section 39B as Sapri. She further submitted that the drug was not found physically on Sapri when they were detained and there was no direct evidence of trafficking and that there was no cash on him.
Meanwhile, counsel Dominic Chew and Hairul V. Othman, representing Syaharudin, applied for lenient sentence of five years from the date of his arrest as he had pleaded guilty to the alternative charge at the earliest opportunity given.
Syaharudin was remorseful and learnt valuable lesson and that his involvement in the case was from bad influence of his peer, said Chew, adding that he planned to assist his mother’s business once released.
Chew submitted that Syaharudin had been under remand approximately five years and also applied for the court to consider Syaharudin’s young age at the commission of the offence.
