MALAYSIAN SENTENCED TO DEATH FOR POSSESSING CANNABIS

A Malaysian national was sentenced to death by hanging by the Brunei
High Court yesterday for possessing a compressed slab of cannabis
weighing 922.276 grammes for the purpose of trafficking. His
compatriot, who was jointly charged, however escaped the noose. Under
the Brunei law, possessing more than 600 grammes of a controlled drug
carries the death penalty.

The defendant, Lam Ming Hwa, who is the second defendant, was found
guilty after trial for possessing the said drugs by the Chief Justice
Dato Seri Paduka Mohammed Saied and Judge Dato Paduka Steven Chong.

Lam Ming Hwa and first defendant Sylvester Anak Kuling were caught by
the Narcotics Control Bureau officers at a plaza in Tutong on November
24, 2002.

"Since the amount of cannabis exceeds 600 grammes, the sentence we are
obliged to pass is one of death, with a direction that he be hanged by
the neck till he is dead," said the Chief Justice in passing his verdict.

The court rejected explanations of the defendant, who is represented
by Counsel Mr Zamri Hj Md Taha, about his right ring finger impression
found on the black packet inside the plastic bag, which led to the
conviction.

"Having considered his evidence, we are of the considered opinion that
there is nothing in his evidence or in the circumstances appearing in
the prosecution case that would rebut that presumption of possession
in him of the cannabis in the packet, which bore his fingerprint
impression," the Chief Justice noted.

Meanwhile the first defendant, Sylvester Anak Kuling, who was
previously involved in road laying work in Kanowit, Sibu and later
helped his friend working at a vegetable garden, was found innocent of
the charge as the court accepted his explanation on the presence of
his right middle finger impression on a black plastic bag which was
discovered by the NCB officers beneath the front passenger seat of a
car bearing registration number BF 9924.

During the trial, Sylvester, who is represented by Counsel Mr Ridzlan
Hj Ibrahim, claimed that he accidentally touched "something" which was
beneath the seat of the car when he was adjusting the seat backwards.
As it was not his car, he did not pay much attention to it.

"The phrase lack of credibility seems to us to imply that a defendant
has to be credible to avoid his defence and/or explanation rejected by
the court. He may not seem credible, yet the defence on which he
relies may raise reasonable doubt about the prosecution case against
him, which would entitle him to an acquittal," said the Chief Justice
in acquitting the defendant.

Besides the joint charge, both of them faced two charges of consuming
Methylamphetamine and cannabis respectively to which they pleaded
guilty earlier. The Judge sentenced Sylvester to 3 months'
imprisonment while Lam, who is a second offender under the MDA, was
sentenced to 3 years' jail on each of the charges. The sentences,
however, were ordered to be run concurrently with effect from the date
of their arrest on November 24, 2002.

Deputy Public Prosecutor Hj Nabil Daraina, assisted by DPP Hjh Anifa
Rafiza, conducted the prosecution.