COA overturns conviction of property agent for drug trafficking

PUTRAJAYA: A property agent escaped the gallows after the Court of Appeal today allowed his appeal to set aside his conviction and death sentence for trafficking drugs.

A three-man panel comprising Datuk Mohd Zawawi Salleh, Datuk Ahmadi Asnawi and Datuk Kamardin Hashim discharged and acquitted Hari Singh Kanda a/l Simseer Singh after ruling that the trial was not conducted according to the law.

Justice Mohd Zawawi, chairing the panel, said the court was of the opinion that the High Court judge's refusal to allow the defence to admit a statement made by a restaurant worker, had prejudiced the defence's case and deprived Hari Singh Kanda the opportunity to support his case.

The defence had sought to admit a statement made by the worker, a Myanmar national, who had said that the drugs belonged to a man named Yap.

Hari Singh Kanda, 25, clad in red and white prison clothes, was ecstatic upon hearing the court's verdict.

On July 31, last year, Hari Singh Kanda was sentenced to death after he was found guilty by the High Court in Kuala Lumpur on the charge of trafficking heroin and monoacetylmorphine weighting 50.4g.

He was charged with trafficking in the drugs at the road side in front of a restaurant in Batu 3, Jalan Ipoh on June 18, 2016.

He was represented by lawyers Hisyam Teh Poh Teik and Datuk Geethan Ram Vincent while deputy public prosecutor Wong Poi Yoke appeared for the prosecution. — Bernama