MALAYSIA: EX-CHEF ESCAPED HANGMAN'S NOOSE

February 13, 2013: A former chef escaped the hangman's noose for drug trafficking today after the Federal Court set aside his death sentence and ordered him to serve two years imprisonment on a reduce charge.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin, who headed a five-men bench, made the ruling after Tue Siang Hoe's counsel succeeded in establishing discrepancies in the exhibits tendered in court related to the four drug charges made against their client.
The four other panel members were Tan Sri Richard Malanjum, Tan Sri Suriyadi Halim Omar, Datuk Hasan Lah and Datin Paduka Zaleha Zahari.
In the judgment, Justice Zulkefli said the bench, in a unanimous decision, agreed there were discrepancies in the testimonies of investigation officer, the raiding officer and the chemist, especially on the number of pills, colour of drug seized and markings of the exhibits.
"We agreed with the appellant's counsel's submission that the prosecution had failed to comply with Section 27 of the Evidence Act 1950 that there were breaks in the chain of evidence," he added.
Following which, the panel asked deputy public prosecutor Saiful Idris Zainuddin to consider offering a lesser charge against Tue under Section 12(3) of the Dangerous Drugs Act which provided a fine of RM100,000 or imprisonment of up to five years or both, upon conviction.
After a brief stand down, Saiful agreed to the panel's suggestion.
Justice Zulkefli then sentenced Tue to two years' jail after he pleaded guilty to the charge.
He ordered Tue to serve the sentence today.
However, the court reverted the seven strokes of the whip imposed on Tue by the Johor Baharu High Court in March 2010 on two of the three drug possession charges made against him.
The Johor Baharu High Court had sentenced him to death after he was found guilty on the third charge of trafficking in 1.9kg of ketamine at Pangsapuri Emas, Jalan Sakeh, Muar, at about 1.10pm on Sept 19, 2006.
He was also sentenced to two to three years imprisonment and seven strokes of the whip after he was found guilty on three counts of drug possession at the same time and place. 
The Court of Appeal, had on Nov 2011, ruled that Tue, 43, to be exempted from whipping as provided by Section 289(b) of the Criminal Procedure Code, where those facing death sentence is exempted from whipping.
During today's proceedings, Tue was represented by lawyers Hisyam Teh Poh Teik and Affifudin Hafifi. (Sources: nst.com.my, 13/02/2013)