SIBU, Jan 30 (Bernama) -- The High Court here today sentenced a labourer to 30 years imprisonment and 12 strokes of rotan after finding him guilty of trafficking 72.52 grams (g) of methamphetamine.
Judge Wong Siong Tung imposed the sentence on Jeffry Lepa, 43, and ordered the jail term to take effect from the date of the accused’s arrest.
“Having carefully considered the totality of the evidence adduced by both the prosecution and the defence, the court is satisfied that the prosecution has proved beyond a reasonable doubt all the essential elements of the offence with which the accused is charged,” he said.
The judge held that the prosecution had successfully established a prima facie case at the close of its case, including the identity and net weight of the drugs, as well as the accused’s possession, custody and control of the contraband.
He rejected the defence’s contention that there was a break in the chain of custody and discrepancies in the weight of the drug exhibits, ruling that such differences were not unusual due to the use of different weighing instruments by police and the chemist.
The judge also found that the man was in exclusive control of the vehicle in which the drugs were found, noting that the accused led police to the vehicle, unlocked it using a remote control, and pointed out the bag containing the drugs.
The court further held that the accused’s defence that he was merely a driver hired for RM100 and had no knowledge of the drugs was inherently improbable, internally inconsistent and contradicted by his own admissions and other evidence, including digital images of drug packaging found on his mobile phone.
Justice Wong ruled that the accused had failed to rebut the statutory presumption of trafficking on a balance of probabilities and accordingly convicted him as charged.
Jeffry was found guilty of committing the offence at a car park along Lorong Tun Ahmad Zaidi here at about 3pm on Nov 26, 2022 under Section 39B(1)(a) of the Dangerous Drugs Act 1952.
Earlier, deputy public prosecutor Mark Kenneth Netto submitted that the offence posed a grave threat to public interest and warranted a heavy sentence, citing the accused’s active role in an organised drug trafficking network, commercial motivation, deliberate planning and lack of remorse.
The accused was represented by lawyers Jacob Wong and Jessie Wong.
-- BERNAMA
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