PUTRAJAYA: A Singaporean was spared the gallows after the Court of Appeal set aside his conviction on two counts of trafficking in 4,026.73g of methamphetamine and 243g of methylenedioxymethamphetamine (MDMA).
Tan Khee Sen, 62, was, however, convicted of possession of the drugs and was sentenced to 16 and 15 years’ imprisonment respectively, with the sentences to run concurrently from the date of his arrest on Sept 16, 2016.
Tan, a coffee shop worker, was also spared the whipping prescribed for the offence as the law exempted men over 50 from being whipped.
A three-member panel of judges comprising Justices Datuk Seri Kamaludin Md Said, Datuk Nordin Hassan and Datuk Hashim Hamzah set aside Tan's conviction for the drug trafficking offences and instead convicted him of possessing the drugs.
Justice Hashim, who delivered the court's decision, said the High Court judge had misdirected herself by not stating whether Tan was in actual or presumed possession of the drug when she ordered him to enter his defence for the drug trafficking offences.
He said Tan's conviction for trafficking in the drugs was not safe. However, he said there was sufficient evidence for possession of the drugs.
Tan was found guilty on the two counts of trafficking by the Johor Bahru High Court on June 17, 2020 and sentenced to death.
According to the charge sheet, Tan allegedly committed the offences at an apartment in Pangsapuri Mayland Austin in Jalan Mutiara Emas, Taman Mount Austin, Johor Baru at 12.45pm on Sept 15, 2016.
Court-assigned counsel Muhammad Abd Kadir had asked the court to impose a light sentence, saying that Tan had been in prison since his arrest and had no other criminal convictions.
Deputy public prosecutor Wong Poi Yoke said looking at the trend of sentencing for such offences, the jail sentences imposed on offenders were between 18 and 20 years. – Bernama
