Iranian mum, daughter spared gallows for drug trafficking

 

The Federal Court says the trial judge had made a serious misdirection to sentence an Iranian mother and her daughter to death for drug trafficking. (AFP pic)

PUTRAJAYA: An Iranian mother and her daughter, who came as tourists nine years ago, today escaped the gallows for trafficking in methamphetamine due to a misdirection by a trial judge.

Abbas Zadehaghdahloo Sholeh and Azadegan Golara were instead found guilty by the Federal Court of possession of the drugs .

Abbas, 54, and Azadegan, 33, were sentenced to 18 years’ jail each for possessing 1.9kg of the drugs concealed in a luggage.

Azadegan was sentenced to another 20 years for possessing 2.9kg of methamphetamine that was hidden in another luggage.

However, a three-member bench chaired by Chief Justice Tengku Maimun Tuan Mat ordered her jail term to run concurrently, meaning she will only serve 20 years.

They committed the offences at the KLIA arrival terminal in Sepang at about 9.15pm on Feb 15, 2013.

Earlier, Tengku Maimun, who sat with Mohd Zawawi Salleh and Mary Lim Thiam Suan, said there was merit in the appeal.

“There is serious misdirection, after going through the grounds of judgment and the notes of evidence in the High Court. This warrants appellate intervention,” Tengku Maimun said.

The court set aside the conviction for trafficking and substituted it with possession.

Lawyer Kitson Foong, who represented Abbas, submitted that the trial judge had said in his notes evidence that the accused failed to rebut the presumption of possession under Section 37 (d) of the Dangerous Drugs Act 1952.

“However, in his written grounds, the judge said both the accused had knowledge and custody and control of the drugs in the luggage by way of direct evidence,” he said, adding that the judge appeared to be confused.

Lawyer Collin Andrew, who appeared for Azadegan, submitted that the trial judge failed to make an affirmative finding that his client had knowledge that the drugs were in the luggage.

“The misdirection is fatal. The conviction for trafficking is unsafe and the charge could be reduced to possession,” said Andrew, who was assisted by Chan Yen Hui.

Deputy public prosecutor Aslinda Ahad submitted that the High Court judge did not err in law and fact and this was affirmed by the Court of Appeal.

“There is overwhelming evidence to sustain the trafficking charge,” she said.

The facts of the case revealed that the two had flown from Tehran to Lahore, Pakistan, to attend a wedding.

They came to Malaysia as tourists but were caught with the luggage that contained the drugs. - FMT