Drug accused withdraws appeal against conviction

KOTA KINABALU: The Court of Appeal here yesterday struck out an appeal made by a man convicted of possessing 63.06 grammes of syabu, after the appellant himself chose to withdraw the appeal.

In their unanimous decision, justices Dato’ Rohana Yusuf, Datuk Vernon Ong Lam Kiat and Datuk Hasnah Dato’ Mohammed Hashim granted the appellant’s request to withdraw the appeal, without objection from the respondent, deputy public prosecutor Tengku Intan Suraya.

On February 18, Hamid escaped the gallows and was instead sent to prison for 12 years, apart from 10 strokes of whipping for having the drugs.

The High Court here imposed the punishment on Hamid, 24, upon his guilty plea to an alternative charge under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (2) of the same Act.

Upon conviction, the indictment provides for imprisonment for life or for a term of not less than five years, in addition to whipping of not less than 10 strokes.

Hamid was brought into custody when authorities found him with the drugs in front of a budget hotel at Kampung Poring, Ranau, on August 14, 2014.

Previously, the accused faced a charge under Section 39B (1) of the Act, which is punishable with the mandatory death sentence if found guilty of an offence.

Meanwhile, the same court adjourned the case of one Juli Kanoi to today, following the request of defence counsel Nelson Anggang.

The three-person panel put off the case after being informed by the defence that the respondent (Juli) was not present in court. Furthermore, said Nelson, the defence had not received the petition of appeal.

Juli was, on January 30 last year, ordered to be detained for an indefinite period of time under Sections 348 (1) and 348 (2) of the Criminal Procedure Code, on two counts of murder.

The High Court judge, while ruling that Juli had indeed committed the crimes, also held that the latter was not guilty on the basis of unsoundness of mind.

The order therefore saw that Juli would be detained in prison at the pleasure of the Head of State, in view that he had been found not guilty.

During the trial, Juli told the court that he had killed the two women, sisters Bibiah and Minah Daud, believing that they were slipping poison and methamphetamine into his food, making him feel unwell.

Nelson, who also defended Juli during trial, stated that he had asked the court to refer his client to a mental hospital for psychiatric evaluation.

Based on the evaluation, which was held for two months, the doctor, who had also testified during trial, stated that Juli was suffering from a disillusion disorder which declared him medically and legally insane.

The doctor added that the respondent did not know if what he did was right or wrong.

Juli had killed the sisters, with whom he stayed in a shared house, on August 27, 2012, in front of a house at Kampung Cenderakaih, Luyang, around 7pm.

Murder, framed under Section 302 of the Penal Code, carries the mandatory death penalty on conviction. Appearing for the appellant was deputy public prosecutor Mohd Azmi Mashud.