Man in Kuching spared gallows, jailed 10 years instead for possessing drugs

KUCHING (Sept 25): A 37-year-old man convicted of trafficking drugs was spared the gallows today after the Federal Court set aside his death sentence and replaced it with 10 years’ imprisonment.

The three-member panel unanimously allowed Lee Gnan Hoe’s appeal against his conviction and sentence under Section 39B of the Dangerous Drugs Act (DDA) 1952, and accepted his guilty plea to an amended charge of drug possession under Section 12(2) of the DDA, punishable under Section 39A of the same Act.

Judges Tan Sri Datuk Amar Abang Iskandar Abang Hashim, Dato Sri Hasnah Mohammed Hashim and Dato Rhodzariah Bujang also allowed Lee’s appeal to acquit and discharge him on a second charge under Section 12(2) of the DDA, punishable under Section 12(3) of the same Act, as there were no findings made by the High Court on the sentence.

Lee was convicted and sentenced to death by the Kuching High Court on Nov 30, 2018 for trafficking in 482.8 grammes of methamphetamine on Oct 3, 2017.

The Court of Appeal dismissed his appeal on Aug 25, 2022.

Deputy Public Prosecutor Mohd Fairuz Johari appeared for the prosecution, while Lee was represented by lawyers Shankar Ram Asnani and Lai Eddy.