After 9 years in jail for drug trafficking, 2 Iranians walk free

 

In acquitting the two Iranians, Federal Court judge Rohana Yusof said the High Court’s written grounds to convict Abbas and Benham was ‘silent judgment’.

PUTRAJAYA: Two Iranians who were in jail for nine years, both during remand and after being convicted, walked out free after they won their appeal against a drug trafficking charge in the Federal Court.

Abbas Dehgani Ebrahim and Benham Izadkhahaghmioni Amirabbas were fortunate. They had earlier declined an offer for their charges to be reduced to possession, which would carry a jail term and rotan instead of the death penalty if they were found guilty on the original charge.

A three-member bench chaired by Rohana Yusuf had suggested to deputy public prosecutor Aslinda Ahad to make a concession.

Both had been found guilty by the High Court for trafficking 3.5kg of methamphetamine at the Customs bay for import and export in KLIA at about 6.30pm on Nov 6, 2012.

Rohana said there was misdirection by the trial judge and the Court of Appeal by way of non-direction.

“We allow the appeal and acquit the appellants,” said Rohana who sat with Mohd Zawawi Salleh and Abdul Rahman Sebli.

Lawyers Afifuddin Ahmad Hafifi and Jeyaseelen Anthony appeared for Abbas and Benham, respectively.

Both lawyers said the trial judge failed to make a finding as to whether the appellants had rebutted the presumption of trafficking.

An accused is presumed to be a trafficker if he or she is in possession of 50gm or more of drugs.

Further, they said the Court of Appeal fell into error by invoking the presumption which only the trial judge could do.

Rohana, in the course of the proceedings, remarked that the High Court’s written grounds to convict Abbas and Benham was “silent judgment”.

The same bench later dismissed an appeal by a former technician who was sentenced to death for trafficking 61.21gm of methamphetamine at a house in Lorong Sekilau in Kuantan, Pahang at about 11.30am on Nov 1, 2016.

Rohana said the appeal lacked merit as the trial judge’s finding of facts to impose the death penalty on Mohd Moriff Zulkarnaim, was supported by evidence.

Deputy public prosecutor Mohd Dusuki Ahmad appeared for the prosecution while Ghazali Ismail represented Moriff. - FMT