A lorry attendant lost his appeal at the Court of Appeal today to set aside his conviction and death sentence for trafficking in 83.03g of methamphetamine four years ago.
M Santanasamy, 45, also failed in his appeal to set aside the conviction, jail sentence and whipping meted out to him for another two charges of drug possession.
A three-member panel comprising Court of Appeal judges Kamaludin Md Said, Ahmad Nasfy Yasin and High Court judge Collin Lawrence Sequerah dismissed Santanasamy's appeal.
Kamaludin said there was overwhelming evidence that pointed to Santanasamy having custody and control of the drugs.
Adding that Santanasamy's conviction was safe, he said his appeals were dismissed.
Santanasamy has one more round of appeal, that is to the Federal Court.
He was charged in the High Court alongside two others – K Thierruselvan and S James – with trafficking in 83.03g of methamphetamine, as well as possession of 7.48g of cannabis and 10.13g of heroin.
They were charged with committing the offences in a house in Taman Sri Rampai, Wangsa Maju, Kuala Lumpur, at about 11.40am on Feb 14, 2018.
On Aug 14, 2020, the High Court convicted Santanasamy of the drug trafficking offence and sentenced him to death.
He was also found guilty of possessing the cannabis and sentenced to 11 years' jail and 10 strokes of the rotan, in addition to two years in jail for the possession of heroin.
The High Court, however, discharged and acquitted Thierruselvan, 38, and James, 43, of the trafficking offence and possession of cannabis.
The two men were convicted of possession of heroin and sentenced to two years in jail.
Neither of them appealed against the conviction and sentence.
Lawyer SS Ruban represented Santanasamy, while deputy public prosecutors Asmah Musa and Wong Poi Yoke prosecuted.