The Federal Court nine-member bench today struck down a provision under the Dangerous Drug Act 1952 which allows the use of"double presumptions" to secure the conviction of an accused person charge for drug trafficking.
The section overruled the Federal Court decision in a 1998 case of Muhammed bin Hassan v Public Prosecutor which had held that the use of the two presumptions was unduly harsh and oppressive. "In the light of the seriousness of the offence and the punishment it entails, we find that the unacceptably severe incursion into the right of the accused under Article 5 fails to satisfy the requirement of proportionality housed under Article 8," he said.Malanjum then quashed the convictions and death sentences of two female foreign nationals - Filipino Alma Nudo Atenza, 43, and Thai national Orathai Prommatat, 27 - who were found guilty for drug trafficking.
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