African drug trafficker spared from the gallows\
THE STAR
Facing the music: Police officers escorting the Malawian student into the courtroom at the High Court in George Town.
GEORGE TOWN: An African student, who was spared the gallows and given a jail sentence instead, broke down in tears at a High Court here after she was found guilty of trafficking in methamphetamine.
Judicial Commissioner Collin Lawrence Sequerah found the 20-year-old Malawian, who was 17 years and 11 months old at the time of her arrest, guilty of trafficking in 1,775.4gm of the drug at the Penang International Airport on Oct 5, 2013.
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the mandatory death penalty upon conviction.
But JC Sequerah also ruled that the girl was under 18 at the time of offence, and as such, was protected by the Child Act 2001.
“Even though she is found guilty of an offence which carries the mandatory death penalty, Section 97(2)(b) of the Child Act 2001 says the court shall order a person convicted of an offence to be detained in prison at the pleasure of the Yang di-Pertua Negri if the offence was committed in the state.
“I order her to be detained and imprisoned at the pleasure of Yang di-Pertua Negri,” he said.
In his judgment, he also said the defence did not raise a reasonable doubt in the prosecution’s case.
“She arrived at the airport from Johannesburg, South Africa, and the analysis of the defence was that the accused retrieved the wrong bag.
“The prosecution’s evidence stated that she walked around the carousel four times before taking her bag. She was also acting suspiciously.
“Her reaction indicates that the accused had knowledge of the drugs in the bag and was looking to see if it was safe to retrieve the bag,” he said.
Facing the music: Police officers escorting the Malawian student into the courtroom at the High Court in George Town.
GEORGE TOWN: An African student, who was spared the gallows and given a jail sentence instead, broke down in tears at a High Court here after she was found guilty of trafficking in methamphetamine.
Judicial Commissioner Collin Lawrence Sequerah found the 20-year-old Malawian, who was 17 years and 11 months old at the time of her arrest, guilty of trafficking in 1,775.4gm of the drug at the Penang International Airport on Oct 5, 2013.
The offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 carries the mandatory death penalty upon conviction.
But JC Sequerah also ruled that the girl was under 18 at the time of offence, and as such, was protected by the Child Act 2001.
“Even though she is found guilty of an offence which carries the mandatory death penalty, Section 97(2)(b) of the Child Act 2001 says the court shall order a person convicted of an offence to be detained in prison at the pleasure of the Yang di-Pertua Negri if the offence was committed in the state.
“I order her to be detained and imprisoned at the pleasure of Yang di-Pertua Negri,” he said.
In his judgment, he also said the defence did not raise a reasonable doubt in the prosecution’s case.
“She arrived at the airport from Johannesburg, South Africa, and the analysis of the defence was that the accused retrieved the wrong bag.
“The prosecution’s evidence stated that she walked around the carousel four times before taking her bag. She was also acting suspiciously.
“Her reaction indicates that the accused had knowledge of the drugs in the bag and was looking to see if it was safe to retrieve the bag,” he said.
