Sainulabdeen Siyad [ ]

Sainulabdeen Siyad [ ]

The Court held the prosecution proved physical possession and requisite knowledge of methamphetamine, ketamine and pseudoephedrine by the appellants through unchallenged government chemist evidence, DNA linking appellants to items in the premises, recovery of identity documents and the proximity and storage of drugs in an isolated compound; adverse inferences were not warranted as non-production of certain witnesses did not amount to suppression of evidence; photographs were admissible as secondary evidence under s65(1)(c) after originals were deleted; the chemist was competent; convictions were upheld but mandatory death sentences were set aside and substituted with determinate terms in...

Citation
N-05(M)-111-03/2023 (Mahkamah Rayuan)
Parties
Appellant: Salim Sabeer; Appellant: Abdul Kalam Sajeev; Appellant: Radhakrishnan Syam; Appellant: Sainulabdeen Siyad; Appellant: Fazil Farook; Respondent: Public Prosecutor
Court
M
Jurisdiction
Malaysia
Judgment Date
20 March 2025
Case Number
N-05(M)-111-03/2023 (Mahkamah Rayuan)
Procedural Posture
Criminal Appeal Trafficking and Possession of Dangerous Drugs and Poison / Court of Appeal Determination on Appeals Against Conviction and Sentence
Outcome
Convictions for trafficking and possession upheld; appeals against death sentences allowed and death sentences substituted with imprisonment and whipping
Legal Topics
Trafficking, Possession, Adverse Inference, Expert Evidence, Secondary Evidence (photographs), Burden of Proof at Close of Prosecution, Mandatory Death Penalty Abolition, Credibility Assessment
Source Language
Malay/English
Criminal Law Drug Law Evidence Law Procedural Law Sentencing Law Trafficking Possession Adverse Inference +5 more

Case Brief

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Parties

Salim Sabeer

Appellant

Abdul Kalam Sajeev

Appellant

Radhakrishnan Syam

Appellant

Sainulabdeen Siyad

Appellant

Fazil Farook

Appellant

Public Prosecutor

Respondent

Procedural Posture

Criminal Appeal Trafficking and Possession of Dangerous Drugs and Poison / Court of Appeal Determination on Appeals Against Conviction and Sentence

Legal Issues

  1. 1 Whether prosecution proved elements of trafficking and possession beyond reasonable doubt
  2. 2 Whether trial court applied correct test at close of prosecution case
  3. 3 Whether adverse inference under s114(g) Evidence Act should be drawn for non-production of witnesses

Ratio Decidendi

The Court held the prosecution proved physical possession and requisite knowledge of methamphetamine, ketamine and pseudoephedrine by the appellants through unchallenged government chemist evidence, DNA linking appellants to items in the premises, recovery of identity documents and the proximity and storage of drugs in an isolated compound; adverse inferences were not warranted as non-production of certain witnesses did not amount to suppression of evidence; photographs were admissible as secondary evidence under s65(1)(c) after originals were deleted; the chemist was competent; convictions were upheld but mandatory death sentences were set aside and substituted with determinate terms in...

Court Disposition

Convictions for trafficking and possession upheld; appeals against death sentences allowed and death sentences substituted with imprisonment and whipping

Orders

  • For Salim Sabeer (N-05(M)-108-03/2023): First charge (methamphetamine) 30 years imprisonment from date of arrest (3.8.2018) and 12 strokes; Second charge (ketamine) 30 years imprisonment from date of arrest (3.8.2018) and 12 strokes; both sentences to run concurrently; conviction on third charge under Poisons Act...
  • For Abdul Kalam Sajeev (N-05(M)-109-03/2023): First charge 30 years imprisonment from date of arrest (3.8.2018) and 12 strokes; Second charge 30 years imprisonment from date of arrest (3.8.2018) and 12 strokes; both sentences to run concurrently; conviction on third charge under Poisons Act 1952 s9(1) upheld.