JUDGE: DEATH SENTENCE NOT DETERRING TRAFFICKERS

KUALA LUMPUR: The death sentence does not necessarily deter offenders from
trafficking in drugs, a High Court judge said in sentencing a man to 12
years' jail for possessing heroin yesterday.

"Why is it that even with the death penalty, the number of (trafficking)
cases is still increasing?" Justice Abdul Wahab Patail asked.

"Have you ever wondered why? I have. Many, many times," he told DPP Vong
Poh Fah, who was asking for a heavy sentence to be meted out against Sior
Kam, who was charged with possessing heroin.

"It shows passing a high sentence doesn't necessarily work. It must be a
fair sentence that will deter the offence from being repeated," said
Justice Abdul Wahab.

He also asked Vong whether the capital punishment for drug traffickers
should then be increased to being "hanged twice" to combat the drug menace.

Justice Abdul Wahab made the remarks in response to Vong's argument that
the court should mete out a heavy sentence which would reflect the gravity
of drug-related offences as intended by Parliament.

Vong said that Parliament had in the past 20 years increased the penalties
for drug possession so that the courts could pass sentences whicht showed
abhorrence towards the offence.

The judge was hearing arguments on the sentence to be imposed on Sior, 38,
a snooker centre employee, who had pleaded guilty to a reduced charge of
possessing 662.96gm of heroin at Jalan Radin Anum 1, Sri Petaling, at
6.15pm on Jan 10, 1997.

The charge was reduced by the prosecution yesterday whereby the maximum
sentence is 20 years' jail and a mandatory 10 strokes of the rotan.

Sior had earlier claimed trial to drug trafficking and six prosecution
witnesses including a chemist and investigating officer Asst Supt Mohd
Ghauth Ismail had testified in the trial.

The court was told by the chemist that the nature of the heroin was that of
a kind far more concentrated than the ones peddled in the streets.

Vong told the court that the heroin, recovered from a car Sior was driving,
could be used for as many as 3,498 shots.

Justice Abdul Wahab, in sentencing Sior, agreed with his counsel Muhammad
Shafee Abdullah that the fact that the heroin was a concentrated type
should not be considered.

He said Sior had admitted knowing that he was carrying drugs but not its
quality.

Sior's jail term runs from the date of his arrest on Jan 10, 1997.