Death sentences for two foreigners replaced with 20 years’ jail each

Both appellants accompanied by their counsels, Yap (left) and Sylvester (right).

By Dorcas Ting

KUCHING, March 19: The Federal Court unanimously set aside the convictions and death sentences of a Cambodian man and a Vietnamese woman and replaced them with twenty years’ imprisonment for each appellant, commencing from their date of arrest.

Appellants Kong Rin, 62, and Nguyen Thi Kim Tuyen, 36, were initially charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act, which carries a death penalty.

In an unanimous judgment, the five-man Federal Court panel set aside the earlier decision by the High Court and Court of Appeal and replaced it with convictions under Section 12(2) of the Dangerous Drugs Act 1952 which are punishable under Section 39A(2) of the Dangerous Drugs Act.

Section 39A(2) of the Dangerous Drugs Act carries an imprisonment term of not less than five years or life imprisonment and whipping.

Kong was charged with trafficking 2,222.2 grammes of methamphetamine in front of the exit gate of the Arrival Hall at Sibu Airport on November 27, 2013, at about 11.38am.

Nguyen was charged with trafficking 2,159.37 gramnes of methamphitamine in front of the exit gate of the Arrival Hall at Sibu Airport on November 27, 2013, at about 11.40am.

Kong and Nguyen were represented by Counsels Wilfred Yap and Sylvester Wit Malang while DPP Dato’ Mohd Dusuki Mokhtar appeared for the respondent. — DayakDaily