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2004 MarsdenLR 2551 ; 2004 MarsdenLR 1

GOPAL SRI RAM
MOHD JOHI SAID – Appellant
Versus
PUBLIC PROSECUTOR – Respondent


Advocates:
Counsel
Counsel for the appellant - Harpal Singh,; Solicitors for the appellant - T/n Harpal Singh & Co.
Counsel for the respondent - Nurulhuda Nur aini bt Mohd Noor,; Solicitors for the respondent - Peguam Negara Malaysia Rayuan Jenayah No. P-05-35-2000
Counsel for the appellant - G. Ravishankar,; Solicitors for the appellant - T/n Harpal Singh & Co.
Counsel for the respondent - Nurulhuda Nur aini bt Mohd Noor,; Solicitors for the respondent - Peguam Negara Malaysia.

Dalam Perkara kes Mahkamah Tinggi di Pulau Pinang Perbicaraan Jenayah No - 45-3-98

Antara Public Prosecutor Dan

1. Abdul Rahman bin Ab Shatar

2. Rohaisam bin Othman

3. Mohd Johi bin Said

Coram - Gopal Sri Ram, J.C.A.

Hashim bin Dato' Haji Yusoff, J.C.A.

Tengku Baharudin Shah bin Tengku Mahmud, J.C.A.

JUDGMENT OF THE COURT INTRODUCTION

1. The appellants before us together with one Abdul Rahman bin Ab. Shatar were charged for trafficking in 4829 grams of cannabis contrary to section 39B (2) of the Dangerous Drugs Act 1952. The learned judge acquitted Abdul Rahman at the close of the prosecution case. There is no appeal by the Public Prosecutor against that order. The judge however called for the defence of the appellants. Each of them made a statement from the dock. Abdul Rahman then gave evidence for the defence as DW1. At the close of the whole case the learned judge found the case against the appellants proved. He convicted them and sentenced them to the mandatory death penalty. The appellants now appeal to us. We heard this appeal on 8th September 2004 and adjourned it for continued hearing yesterday. At the conclusion of arguments, we adjourned the appeal to today for our decisi

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