Latest news with #WongSiongTung
The Star
2 days ago
- The Star
Sibu High Court upholds man's seven-year jail sentence for drug charges
SIBU: The High Court has dismissed an appeal by a man convicted of consuming dangerous drugs, upholding the seven-year prison sentence and three strokes of the cane handed down by the Kapit Sessions Court last year. Mohamad Fadzlan Shaini, had pleaded guilty before the Sessions Court on Nov 14, 2024, to consuming dangerous drugs, an offence under Section 15(1)(a) of the Dangerous Drugs Act 1952, punishable under Section 39C(2) of the same Act. In his appeal on Friday (Aug 15), he raised three main grounds - that the Sessions Court had failed to ensure he understood the nature and consequences of his guilty plea, that he was unfit to plead due to schizophrenia and antipsychotic medication, and that his plea was allegedly induced by a police officer. Delivering the broad grounds of the decision, the High Court found that the Kapit Sessions Court had complied with Section 173 of the Criminal Procedure Code, with the charge, its nature, and legal consequences explained in Bahasa Malaysia. The appellant had confirmed his understanding and maintained his guilty plea. On the claim of mental unfitness, Judge Wong Siong Tung noted that medical reports relied on in the appeal had not been tendered at the trial and were not conclusive regarding his fitness to plead. He stressed that mental illness does not automatically render an accused unfit to plead and found nothing in his demeanour to suggest he could not understand the proceedings. Regarding the allegation of inducement, the court held there was no evidence connecting any police officer's advice to the appellant's decision to plead guilty. An affidavit from the appellant's father did not show direct communication between the officer and the appellant, and the appellant himself had not sworn any affidavit on the matter. The court concluded that the appeal grounds were inconsistent and lacked credibility, dismissing the appeal and affirming both the conviction and sentence. The prosecution was led by DPP Mark Kenneth Netto while Harold Emparak represented the accused.
Borneo Post
24-04-2025
- Borneo Post
Jobless man sentenced to 45 years, 21 strokes for trafficking, possessing drugs in Sibu
Mah being led away after sentencing. SIBU (April 24): The High Court here today sentenced an unemployed man to a total of 45 years and six months in prison and 21 strokes of the cane for trafficking and possessing drugs two years ago. Judge Wong Siong Tung meted out the sentence on Mah Kian Haur, 43, after finding him guilty of one count of trafficking and five counts of possession. On the charge of trafficking 387.14g of methamphetamine, framed under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B(2) of the same Act, the accused was sentenced to 30 years in jail and 12 strokes of the cane. For the five charges of possessing 7.74g, 12.89g and 31.06g of methamphetamine, and 0.57g and 0.04g of nimetazepam, all framed under Sections 39A(1), 12(2), and 6 of the Dangerous Drugs Act 1952, the court sentenced him to a total of 15 years and six months in prison and nine strokes of the cane. The court ordered the imprisonment to run concurrently from the date of arrest on Feb 28, 2023. 'After considering the evidence in its entirety as required under Section 182A of the Criminal Procedure Code, hearing witness testimony, examining the exhibits, and reviewing the written submissions of the Deputy Public Prosecutor and the defence counsel, the court is satisfied that the prosecution has proven its case against the accused beyond reasonable doubt on all counts. 'Moreover, the accused failed to raise any reasonable doubt on any material aspect of the prosecution's case. Accordingly, the court convicts him on all six charges,' said Judge Wong in delivering his judgment. Mah was charged with trafficking methamphetamine in a rental room on Jalan Then Kung Suk at around 2.20am on Feb 28, 2023, and possessing methamphetamine and nimetazepam at locations on Jalan Lanang and Jalan Then Kung Suk between 1.55am and 2.20am on the same day. Deputy Public Prosecutor Mark Kenneth Netto prosecuted, while Mah was represented by lawyer Leong Lu Fei.
The Star
24-04-2025
- The Star
Man, 40, sentenced to 45 years' prison, 21 strokes on six drug convictions by Sibu court
SIBU: A 40-year-old man has been sentenced to a total of 45 years in prison and 21 strokes of the cane after being convicted on six drug-related charges by the High Court on Thursday (April 24). High Court Judge Justice Wong Siong Tung ordered that all prison sentences are to run consecutively from the date of the man's arrest, which was on February 28, 2023. The offences took place between 1.50am and 2.30am on the same day at a house located along Jalan Then Kung Suk. The accused was found trafficking a total of 439.44gm of methamphetamine and nimetazepam. As the sentences are to run consecutively, the accused will serve the full 45-year prison term. During sentencing, deputy public prosecutor Mark Kenneth Netto urged the court to impose a severe punishment, citing multiple aggravating factors. He emphasised that public interest must take precedence over the personal circumstances of the accused. 'The level of premeditation was extremely high. The accused rented a room specifically to operate it as a drug den and even carried drugs into the Sibu city centre,' said Netto. He noted that the quantity of methamphetamine trafficked was seven times the legal minimum required to constitute trafficking under Malaysian law, adding that the accused was motivated by profit while simultaneously feeding his own drug addiction. Netto further highlighted that the accused attempted to discredit the arresting officers in a bid to secure an acquittal. He described the verdict as a "day of vindication" for the police team involved. 'The accused is a repeat offender whose actions have destroyed families, ruined lives, and fuelled the rise in related crimes such as robbery and domestic violence,' he said. He also argued that the accused should not be given credit for remorse, as he had not pleaded guilty and had insisted on a full trial, thereby consuming public resources and judicial time. Netto added that the accused had offered no assistance to law enforcement in efforts to dismantle drug trafficking networks. 'The sentence must reflect the need for general deterrence and send a strong message to others considering similar crimes,' he concluded. The accused was represented by defence counsel Leong Lu Fei during sentencing, following the passing of co-counsel Augustine Liom.
