TAWAU: A 30-year-old Filipino labourer, Alisa Badan, was sentenced to 30 years in prison and 12 strokes of the cane by the High Court on Wednesday after being found guilty of trafficking 1,128.5 grammes of syabu.
High Court Judge Datuk Duncan Sikodol handed down the sentence after ruling that the defence failed to raise reasonable doubt.
The court found that the drugs, discovered in a black bag at Hotel City Inn, Semporna, on May 14, 2023, were indeed in Alisa’s possession.
Alisa, a father of three who worked at the Semporna Jetty, was charged under Section 39B(1)(a) and punishable under Section 39B(2) of the Dangerous Drugs Act 1952, which allows for either the death penalty or life imprisonment with not less than 12 strokes of the cane if the death sentence is not imposed.
In mitigation, defence counsel Jhesseny P. Kang pleaded for a custodial sentence instead of death, citing Alisa’s first offence and his intention to reform.
The court granted this under the revised sentencing provisions of the Abolition of Mandatory Death Penalty Act 2023.
However, Deputy Public Prosecutor Nur Nisla Abd Latif urged for a stiff sentence, noting the increasing number of drug trafficking cases under Section 39B at the Tawau High Court.
She argued that a harsh penalty would serve as an effective deterrent.
The court ordered the sentence to take effect from May 14, 2023, the date of Alisa’s arrest.
The trial, which began on April 28, included testimony from eight prosecution witnesses.
High Court Judge Datuk Duncan Sikodol handed down the sentence after ruling that the defence failed to raise reasonable doubt.
The court found that the drugs, discovered in a black bag at Hotel City Inn, Semporna, on May 14, 2023, were indeed in Alisa’s possession.
Alisa, a father of three who worked at the Semporna Jetty, was charged under Section 39B(1)(a) and punishable under Section 39B(2) of the Dangerous Drugs Act 1952, which allows for either the death penalty or life imprisonment with not less than 12 strokes of the cane if the death sentence is not imposed.
In mitigation, defence counsel Jhesseny P. Kang pleaded for a custodial sentence instead of death, citing Alisa’s first offence and his intention to reform.
The court granted this under the revised sentencing provisions of the Abolition of Mandatory Death Penalty Act 2023.
However, Deputy Public Prosecutor Nur Nisla Abd Latif urged for a stiff sentence, noting the increasing number of drug trafficking cases under Section 39B at the Tawau High Court.
She argued that a harsh penalty would serve as an effective deterrent.
The court ordered the sentence to take effect from May 14, 2023, the date of Alisa’s arrest.
The trial, which began on April 28, included testimony from eight prosecution witnesses.
