SHAH ALAM - The High Court here today sentenced singer and composer Muhammad Yasin Sulaiman to life imprisonment and 16 strokes of the cane over three drug offences.
Judge Datuk Norsharidah Awang made the decision after allowing the prosecution’s appeal against the acquittal and discharge of the 49-year-old singer by the Petaling Jaya Sessions Court on Nov 29 last year.
For the charge of possessing cannabis-type drugs weighing 193.7gm, the singer was sentenced to eight years’ jail and 10 strokes of the cane.
For the charge of cultivating 17 cannabis plants in plastic pots at his residence, he was sentenced to life imprisonment and six strokes of the cane; and for the charge of self-administration of a dangerous drug, the singer was sentenced to a 10-month jail.
The court also ordered Muhammad Yasin to serve the jail sentences concurrently from the date of his arrest on March 24, 2022.
On Nov 29, 2023, the Petaling Jaya Sessions Court Judge Faiz Dziyauddin acquitted and discharged the singer on the three drug charges and ordered him to be placed at Hospital Bahagia Ulu Kinta, Perak, at the pleasure of the Sultan of Selangor.
Today, the High Court judge in her judgment said the Sessions Court Judge had erred in making that decision.
She said the question that arose was whether the Sessions Court could make a decision by relying only on the defence witness Hospital Bahagia Forensic Psychiatry Consultant Dr Ian Lloyd Anthony's testimony.
Norsharidah said the witness testified that the respondent was in an unsound mental state, but according to the statements from prosecution witnesses, Muhammad Yasin he was aware of his actions and intentionally committed the offences accused of him.
She said the testimony of another prosecution witness, a plant biotechnology expert Prof Dr S. Sreeramanan, also confirmed that the respondent had knowledge of cannabis cultivation.
"The cannabis cultivation done also proved that he was not in a state of insanity.
"Therefore, the court found him guilty of the three amended charges and allowed the prosecution's appeal against the Sessions Court's decision," she said.
Deputy public prosecutors Raja Zaizul Faridah Raja Zaharudin and Ahmad Zuhaini Mahamad Amin appeared for the prosecution, while Muhammad Yasin was represented by Ariff Azami Hussein.
For the first amended charge, the Mimpi Laila singer was charged with possessing cannabis-type drugs weighing 193.7g at a condominium unit at Persiaran Surian Damansara Indah Resort Home, PJU 3, Kota Damansara at 5.30 pm on March 24, 2022.
The charge, framed under Section 6 of the Dangerous Drugs Act (DDA) and punishable under Section 39A(2) of the same Act, carries a penalty of life imprisonment or not less than five years and shall also be liable to whipping of not less than 10 strokes.
For the second charge, Muhammad Yasin was charged with cultivating 17 plants, mostly cannabis, in plastic pots at the same place and time and on the same date.
For that, he was charged under Section 6B (1)(a) of the DDA and punishable under Section 6B(3), which carries a penalty of life imprisonment and whipping of not less than six strokes if convicted.
For the third charge, the singer was charged with self-administration of the drug "11-nor-delta-9 tetrahydrocannabinol-9-carboxylic acid" at the Narcotics Office of the Petaling Jaya Police District Headquarters at 11.05 pm, also on March 24, 2022.
The charge framed under Section 15(1)(a) of the DDA and punishable under Section 15(1) of the same Act, carries a fine not exceeding RM5,000 or a maximum jail term of two years if convicted.
Meanwhile, Ariff Azami told reporters outside the courtroom that they would submit an appeal tomorrow.
"We respect the decision of the High Court today as it has every right to uphold or overturn the Sessions Court's decision. We will file an appeal to the Appeals Court," he said.
Ariff Azami also expressed hope that the medical treatment and follow-ups for his client would continue when he served his time at the Kajang Prison. - BERNAMA