Two escape gallows as Court of Appeal substitutes death sentences

PUTRAJAYA: Two men evaded execution after the Court of Appeal altered their death sentences to 30 years imprisonment and 12 canings each for drug trafficking. A three-judge panel, led by former Federal Court judge Datuk Azmi Ariffin, overturned Muhamad Nor Aziz and Muhamad Shafiq Aliff Mazlan's appeals against their convictions.

However, the panel upheld their appeals regarding the death penalty, imposing the new sentences effective from their arrest on August 24, 2019. In their judgment dated August 11, 2022, Judge Meor Hashimi noted the two-year delay in the trial judge's preparation of the grounds of judgment did not constitute undue delay prejudicing either appellant.

He stated that while counsel's allegation of a miscarriage of justice or failure of justice lacked strong evidence, it was insufficient to overturn the conviction. The Court of Appeal panel found no misdirection in the trial judge's assessment of witness conduct and material facts, nor any omission in evaluating the case. Prosecution witness, who acted as an "agent provocateur," provided credible and consistent evidence of the appellants' involvement in the drug trafficking offense.

Both men, a 40-year-old mechanic and a 34-year-old lorry driver, were convicted by the High Court on October 21, 2022, for trafficking heroin and morphine, as well as possessing Ecstasy. They were additionally sentenced to two years imprisonment for each of the drug offenses, with effect from their arrest date.