Court of Appeal spares two men gallows, orders 30 years jail plus 12 rotan strokes

In a significant legal development on Friday, the Court of Appeal decided to commute the death sentences of two men convicted of drug trafficking, instead sentencing them to 30 years in prison and 12 strokes of the cane each. The ruling was handed down by a three-judge panel, including former Federal Court judge Datuk Azmi Ariffin, alongside Datuk Hayatul Akmal Abdul Aziz and Datuk Meor Hashimi Abdul Hamid.

Muhamad Nor Aziz, aged 40, and Muhamad Shafiq Aliff Mazlan, 34, were initially convicted of trafficking 32.5 grammes of heroin and 45.2 grammes of monoacetylmorphines, as well as possessing 895.9 grammes of Etizolam. The pair was apprehended on August 24, 2019, in a Perodua Myvi at Jalan Kepong-Sentul, Kuala Lumpur.

In their judgment dated August 11 this year, Judge Meor Hashimi noted that the trial judge's two-year delay in preparing the grounds of judgment was not excessive and did not prejudice either appellant. He emphasized that a mere allegation by counsel, without strong evidence of a miscarriage of justice or failure of justice by the trial judge, is not sufficient to overturn a conviction. The judge affirmed that both men received a fair and impartial trial, with adequate opportunity to mount a defense.

The Court of Appeal also reviewed the trial judge's grounds of judgment and found no errors in the assessment of witness testimony or omission in evaluating material facts. The prosecution's "agent provocateur" witness provided credible and consistent evidence, implicating both appellants in the drug trafficking offence.

As a result of the appeal, the death sentences were vacated, and the men will now serve 30 years in prison, with the prison terms commencing from the date of their arrest on August 24, 2019.