An 80 -year -old senior was jailed for 10 years for possession of drugs
October 27, 2021
An 80 -year -old senior was jailed for 10 years for possession of drugs
Hashim Sahipa, 80, pleaded guilty after the charges were read out against him. - Picture/ Astro AWANI
TAWAU: An elderly man was sentenced to 10 years in prison at the Sessions Court here, today, for possessing 30.75 grams of Methamphetamine last year.
Judge Awang Kerisnada Awang Mahmud made the decision after the accused, Hashim Sahipa, 80, pleaded guilty after the charges were read to him.
Based on the amended charge, he and his wife Roaina Ali, 70, were charged with possessing the drugs in an unnumbered house on water in Kampung Batu, Semporna, at 4pm, 17 December 2020.
Accordingly, the Filipino couple was charged with an offense under Section 12 (2) of the Dangerous Drugs Act 1952 which is punishable under Section 39A (2) of the same act read together with Section 34 of the Penal Code.
If convicted, they can be jailed for life or a term of not less than five years and also sentenced to whipping of not less than 10 lashes.
In the prosecution, Hashim pleaded guilty to possession of the drugs, while Roaina pleaded not guilty.
Hashim in his confession informed the court that the drugs were his and had nothing to do with Roaina.
The judge then ruled Roaina to be released
Earlier, the couple was charged under Section 39B (2) of the Dangerous Drugs Act which provides for mandatory death sentence if convicted after Sabah East Coast Special Security Area (ESSCom) authorities found 57.04 grams of white crystals believed to be Methamphetamine in a raid at the scene.
However, the prosecution changed the charge under Section 39A (2) after a chemical report found the actual weight of Methamphetamine seized was 30.75 grams.
Awang Kerisnada in his judgment said, regardless of old or young age, the accused's act of possessing and distributing drugs was wrong and the appropriate punishment was imposed on the accused as a lesson to all parties including himself.
However, he said the court considered not imposing whipping taking into account the age and health of the accused.
Roaina will then be referred to the Immigration Department for the offense of staying in Malaysia without a valid identity document.
Deputy Public Prosecutor (DPP) Moh Suahimi Suriana prosecuted while the accused was not represented by a lawyer.
