SIBU: The High Court here sentenced a father of two to life imprisonment, or equivalent to 30 years’ imprisonment, and 12 strokes of the cane after convicting him for trafficking in dangerous drugs.
The verdict was laid down today by Justice Wong Siong Tung after ruling that the prosecution has proven its case beyond reasonable doubt against the accused.
Wong Kieng Li, 32, was indicted on a charge of trafficking 717.67 grammes of methamphetamine (MDMA) in a car at the roadside along Jalan Oya here on December 12, 2023, at about 5 pm.
He was charged under Section 39B(1)(a) of the Dangerous Drugs Act (DDA) 1952 and punishable under subsection 39B(2) of the same Act.
The offence carries the death penalty or life imprisonment, and if not sentenced to death, whipping of not less than 12 strokes upon conviction.
In his ruling, Justice Wong found that the accused’s version of events in his defence was inherently improbable and defied ordinary belief.
“The court therefore rejects the accused’s explanation and finds that the defence’s version lacks credibility. The defence has failed to rebut the presumption under Section 37(d) of the DDA and does not raise any reasonable doubt against the prosecution’s case,” he said.
“Accordingly, the court finds that the prosecution has proven its case beyond reasonable doubt. The accused is therefore found guilty and convicted as charged.”
In mitigation, the accused, represented by legal counsel Daren Ling, stated that he is married, with two children aged 9 and 12.
Prior to his arrest, Ling stated that the accused was the sole breadwinner for his family, and that this was his first offence and out of kindness and friendship, he had helped his friend to collect a parcel upon request, which led to his arrest.
He said the accused is remorseful for his action and he has himself to blame for his ignorance.
“The accused is very cooperative with the police throughout the investigations and there was no action by him to resist arrest nor any attempt to flee.
“As such, we humbly pray that no death sentence be imposed and the minimum of 30 years of imprisonment be given,” Ling added.
In his submission on the aggravating factors of the case, Deputy Public Prosecutor, Mark Kenneth Netto, stated that the most significant aggravating feature of the case is the exceptionally large quantity of dangerous drugs involved.
He pointed out that the seized drugs consist of 717,67 grammes of MDMA, which is widely recognised as a highly destructive stimulant drug capable of causing severe physical, psychological and social harm to users and the wider community.
The trafficking of such drugs, he said, contributes directly to addiction, crime and the deterioration of public safety.
Accordingly, he stressed that the degree of harm in this case is exceptionally high, placing the offence within the uppermost level of seriousness among drug trafficking offences.
He also pointed out that the evidence shows that the accused played an active and direct role in the transportation and intended delivery of the drugs.
“Under the law, trafficking is established once drugs are transported for the purpose of distribution to a third party, regardless of whether the intended handover was ultimately completed,” Netto said.
“The accused was therefore not a mere passive possessor but an active participant in the operational chain of distribution, which reflects a high level of culpability.”
