Drug Trafficking: Two Men Return to Prison After Federal Court Reinstates Conviction

PUTRAJAYA: Two men who were released from prison earlier this year will have to return to serve the remainder of their original 30-year prison sentences after the Federal Court reinstated their convictions for trafficking 264.36 grammes of cannabis.

A three-member panel chaired by Justice Datuk Rhodzariah Bujang ruled that the prosecution had successfully proven beyond reasonable doubt that Azril Azhar Ahmad and Zulfattar Md Ridzuan had trafficked the drugs.

Also sitting on the panel were Justices Datuk Lee Swee Seng and Datuk P Ravinthran.

Delivering the panel’s brief judgment, Swee Seng said the Court of Appeal had erred in substituting the pair’s convictions for drug trafficking with drug possession on the grounds that the amount of cannabis seized was only slightly above the statutory threshold for invoking the presumption of trafficking.

“We find that there was very strong evidence of trafficking activities, as determined by the trial court,” he said.

He said evidence showed that items associated with drug trafficking, including a digital weighing scale, plastic bags and a small knife, were found in the car where the drugs were seized.

The judge said the defence had never argued that the drugs were for personal use, adding that the Court of Appeal had made an assumption based on speculation.

The Federal Court therefore reinstated the 30-year prison sentences imposed on Zulfattar and Azril by the High Court on Oct 20, 2023.

Zulfattar was also ordered to receive 12 strokes of the cane, while Azril was exempted as he had reached the age of 50. Their prison sentences took effect from Sept 26, 2020, the date of their arrest.

On May 6 last year, the Court of Appeal substituted their convictions with drug possession and sentenced each man to eight years in prison and 10 strokes of the cane, prompting the prosecution to appeal to the Federal Court.

Azril, 50, and Zulfattar, 44, who were released from prison on Feb 23 after completing their sentences, appeared in court today.

They were charged with committing the offence behind a petrol station at Persiaran Industri Galla, Taman Perindustrian Galla, Seremban, Negeri Sembilan, at 5.40pm on Sept 26, 2020.

The two men were also convicted by the High Court of possessing 8.8 grammes of methamphetamine and were each sentenced to five years in prison and five strokes of the cane.

The Court of Appeal upheld the prison sentences but reduced the number of strokes to three. Neither man appealed against that decision to the Federal Court.

In today’s proceedings, Azril was represented by lawyers Hasnan Hamzah and Qushwa Hasnan, while lawyers Jaspal Singh Mann and Pramjit Kaur represented Zulfattar.

Deputy Public Prosecutor How Mei Ling appeared for the prosecution.

Bernama