The Court of Appeal on Wednesday upheld the life imprisonment sentence imposed on a contractor convicted of trafficking 9.6 kilograms of methamphetamine.
A three-member panel led by Justice Datuk Noorin Badaruddin, together with Justice Datuk Mohd Radzi Abdul Hamid and Justice Datuk Meor Hashimi Abdul Hamid, unanimously dismissed the appeal filed by See Eng Hooi against his conviction and sentence.
Delivering the court’s decision, Justice Noorin said the prosecution had successfully proven beyond reasonable doubt that See had possession of and knowledge about the 9,601.1 grams of methamphetamine found at the premises.
The court noted that See was the only person present at the property when police carried out the raid, while prior surveillance showed no one entering or leaving the premises.
Justice Noorin said police also found a bunch of keys in the appellant’s pocket, including the key to the property’s main gate.
Investigators recovered methamphetamine, meth oil, chemicals, acids and drug-processing equipment from the premises, while DNA belonging to See was found on several personal and household items seized during the operation.
The court ruled that the cumulative circumstantial evidence established that See had custody, control and supervision of the premises and was aware of the drugs stored there.
Justice Noorin added that prosecutors were not required to prove that See was the registered tenant of the property, as formal tenancy was not necessary to establish possession of the drugs.
The Court of Appeal also agreed with the High Court’s finding that See’s defence—that he was merely at the premises to repair a water pipe at the request of a man known as “Martin”—was a fabricated story intended to distance himself from the drugs.
On August 25, 2023, the Butterworth High Court convicted the 59-year-old contractor of drug trafficking and sentenced him to life imprisonment, effective from the date of his arrest on January 23, 2017.
The offence was committed at a house in Paya Terubong, Air Itam, Penang, at about 3.20pm on January 23, 2017.
See’s final legal avenue is to seek leave to appeal to the Federal Court.
During the appeal hearing, See was represented by lawyers Datuk Hisyam Teh Poh Teik, Kee Wei Lon, Siti Summaiyah Ahmad and Ee Gen You, while Deputy Public Prosecutor Allan Suman Pillai appeared for the prosecution.
