SIBU: An unemployed man was today (Apr 24) sentenced to a total of 45 years and six months’ imprisonment, and 21 strokes of whipping by the High Court here after been convicted for six counts of dangerous drug-related cases including drug trafficking.
Justice Wong Siong Tung found Mah Kian Haur, 43, of Jalan Permyaya, guilty of the offences charged after a full trial.
For the first charge, he sentenced the accused to 30 years’ imprisonment and 12 strokes of whipping for trafficking 387.14 grammes of methamphetamine, in a rented room at Jalan Theng Kung Suk, on Feb 28, 2023 at about 2.20 am.
For the second charge, the accused was sentenced to four years and three strokes of whipping for possessing 7.74 grammes of methamphetamine at a shop’s five-foot way, Jalan Lanang.
For the third charge, Mah was also sentenced to four years and three strokes of whipping for possessing 12.89 grammes of methamphetamine in a rental room at Jalan Theng Kung Suk on Feb 28, 2023 at about 2.20 am.
Mah was sentenced to three years and six months of imprisonment, and three strokes of whipping for the fourth charge for possessing 31.06 grammes of methamphetamine at the same place and time.
The fifth charge mentioned that he was in possession of 0.57 grammes of nimetazapam, whereby he was sentenced to six years’ jail. The offence was committed at a shop’s five-foot way, Jalan Lanang on Feb 28, 2023 at about 1.55 am.
The other indictment of possessing 0.04 grams of Nimetazapam against the accused saw him also sentenced to two years’ jail. The offence was committed in a rental room at Jalan Theng Suk Kung on Feb 28 at about 2.20 am.
However, Justice Wong ordered the imprisonment sentences on six drug charges to run concurrently, wth effect from the accused’s date of arrest on Feb 28, 2023.
Prior to passing sentence, Deputy Public Prosecutor (DPP) Mark Kenneth Netto submitted aggravating factors that the interest of the public is of paramount consideration for it supersedes the personal interest of the accused as mentioned during his mitigation.
He pointed out that the accused’s level of premeditation for the crimes he was convicted for is very high.
Stating that the accused not only deliberately rented a room for the purpose of converting it into a drug den, Mark said he also was brazen enough to transport some of his stockpile of drugs on his body to the Sibu town centre.
“His degree of culpability is very high and thus deserves a heavier sentence than other offenders. He was convicted for trafficking in a significant quantity of drugs (i.e. 387.14 grammes of methamphetamine). That amount is seven times more than the minimum statutory amount for trafficking in methamphetamine type drugs.
“The motivation behind his crime was for profit and to also fuel his own addiction. In an effort to earn an acquittal, the accused attacked the credibility of the Royal Malaysia Police officers who were involved in this case, especially the arresting and investigating officer(s).
“Today is a day of vindication for Sub-Inspector Alfonso Kassim as raiding officer and investigating officer Insp Ahmad Shafique along with the other police officers who had meticulously built up the case against the accused,” he said.
Mark also highlighted the accused is a repeated offender for narcotic crimes and that his drug trafficking activities had ruined the fabric of society and the community that he lived in.
Families, he argued, were torn apart due to the drugs that were supplied by the accused who has ruined the prospects of the people who were addicted to them by causing them to be unemployed.
According to him, drug trafficking such as the type that the accused was involved in gives rise to a variety of other crimes, such as house-breaking, domestic violence and robbery.
He also argued that the lives of these drug addicts were also taken over and eventually lost as a result of drug addiction.
If the accused, he pointed out, thinks that he deserves leniency because he is a single father supporting his child, then, what about the families that have been destroyed due to the drugs that he supplied.
“No credit for remorse ought to be given to the accused in this case as he had not pleaded guilty at first instance. He maintained his innocence and sought for a full trial. His trial not only incurred huge cost to the public but it also took up precious judicial time of this honourable Court.
“The accused also did not give any assistance to any law enforcement agency to help it disrupt any drug trafficking activities. His background during his mitigation did not suggest that he was forced into a life of crime.
“He did not claim he was from a violent or broken home or that he grew up being influenced by drugs. His judgment was not clouded when he decided to get involved in drugs, it was deliberate,” Mark asserted.
Emphasising that the sentence imposed on the accused must reflect a general deterrence for drug related activities, he added that It ought to send a strong message to other potential would be offenders not to be involved in drug trafficking.
A total of 11 prosecution witnesses testified during the trial, and the accused was represented by counsel Leong Lu Fei.
