PUTRAJAYA: A labourer escaped the gallows here on Wednesday when the Court of Appeal set aside his conviction and death sentence for trafficking 63.7 gms of Methamphetamine, eight years ago.
A panel of three judges led by Judge Datuk Hadhariah Syed Ismail convicted Ahmad Tajuddin Mansor, 56, for the offense of possessing the drug instead, and sentenced him to 10 years in prison, effective from the date of his arrest on June 29, 2016.
"Taking into account the weight of the drug in this case, which is 63.7 grammes, the court unanimously sentences him to 10 years in prison from the date of arrest (June 29, 2016) and because the appellant is 56 years old, he is spared the caning.
"Therefore, the sentence and conviction under Section 39B of the Dangerous Drugs Act is set aside and replaced with a 10-year prison sentence," said Judge Hadhariah, who presided with Judges Datuk Azman Abdullah and Datuk Azmi Ariffin.
Ahmad Tajuddin was initially charged with trafficking 63.7 gms of Methamphetamine at a house in Taman Puteri Lagenda, Gurun, Kedah at 12.30pm on June 29, 2016, under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
On March 9, 2021, the Alor Setar High Court imposed the death penalty on the father of four after he was found guilty of drug trafficking under Section 39B(1)(a) of the Dangerous Drugs Act 1952, which provides for the death penalty.
Earlier in the proceedings, Ahmad Tajuddin's lawyer Muhammad Syawal Mohd Razak informed the court that the representation submitted by the defense on Jan 3 to set aside the death penalty was accepted by the Attorney General's Department.
Deputy public prosecutor Fauziah Daud confirmed the matter and requested the court to substitute Section 39B(1)(a) with Section 12(2) of the Dangerous Drugs Act 1952 for possession of drugs.
"Therefore, in relation to the drug possession offense, the prosecution recommends a 12-year prison sentence be imposed on the appellant," said Fauziah.
Muhammad Syawal then appealed for his client to be sentenced to 10 years from the date of his arrest on June 29, 2016, saying Ahmad Tajuddin has repented for his actions. - Bernama
