PUTRAJAYA: The Court of Appeal has unanimously allowed an unemployed man’s appeal against his conviction and sentence for drug trafficking and possession.
A three-judge panel quashed the original verdict and ordered the case to be remitted to the High Court for a full retrial.
Justice Datuk Azman Abdullah announced the decision alongside fellow judges Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid.
The court granted Zowie Choong Kim Liang’s application to set aside a Shah Alam High Court ruling dated January 11, 2024.
“We agree and order that the conviction and sentence be set aside,“ said Justice Azman during the proceedings.
He confirmed the case would return to the Shah Alam High Court for retrial before a different judge.
The Court of Appeal scheduled October 7 for the case mention at the High Court.
Choong had appealed against the sentence imposed after entering a guilty plea at the outset of the prosecution’s case.
The High Court had sentenced him to 30 years’ imprisonment and 12 strokes of the cane for each of four drug trafficking charges.
He also received three years’ imprisonment for each of two drug possession charges.
All prison terms were ordered to run concurrently from his arrest date of August 19, 2019.
Choong pleaded guilty to trafficking 116.72 grams of MDMA at a Petaling Jaya apartment unit.
He also admitted to trafficking 1,204.7 grams of cannabis at the same location.
The charges included trafficking 806.95 grams of Methamphetamine and 119.98 grams of PMMA.
All drug trafficking offences occurred at 7.45 pm on August 19, 2019.
He faced charges under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
This section carries either the death penalty or imprisonment for life with a minimum of 15 strokes of the cane.
Choong additionally pleaded guilty to possessing 4.12 grams of Ketamine at the same location.
He also admitted to possessing 1.156 grams of Nimetazepam under Section 12(2) of the same act.
This possession charge carries a maximum five-year prison term or RM100,000 fine or both.
Defence counsel Kee Wei Lon argued the guilty plea recording violated established legal procedure.
He stated the case facts were read to the appellant by a court interpreter without the presiding judge present.
“Therefore, the appellant pleads for the High Court’s decision to be set aside,“ submitted Kee.
The defence team included lawyers Siti Summaiyah Ahmad Jaafar and Ee Gen You.
Deputy public prosecutor Nik Mohd Fadli Nik Azlan confirmed the prosecution did not object to the appeal.
He requested the case be retried before a different High Court judge. – Bernama