A Malaysian national has successfully appealed in the National Court in Waigani for his district court conviction to be quashed.
Tan Kneng Soon ,29, from Kuala Lumpur was convicted and sentenced by the district to a total of 22 years and fined a sum of K45,000 as well in October 2023.
He was arrested and charged on two counts for receiving financial benefits from controlled substances in methamphetamine and cannabis.
Soon was arrested and charged with another Malaysian Leon Aungfong,42, and two other Papua New Guineans. A taxi driver from Southern Highlands and a female from Korobosea, National Capital District.
Police alleged that on November 16, 2022 they had large quantities of methamphetamine weighing 174kg and 80 grams of cannabis which are of commercial quantity.
They were charged as having in possession of controlled substances.
Soon and the Papua New Guineans pleaded not guilty except Aungfong.
Soon was sentenced to a total of 22 years and fined a sum of K45, 000 but appealed the district court’s conviction in the national court and Justice Paulus Dowa has quashed his conviction.
Justice Dowa referred the matter back to the district court mainly because of procedural errors.
Justice Paulus Dowa considered that the 29 year old Soon was not given natural justice at the district court by having an interpreter translate to him so that he could understand the charges.
Justice Dowa also considered that Soon did not give his allocatus- a statement made by the accused found guilty before a sentence is imposed.
He said such lapses in procedure renders the conviction and sentence unsafe because the accused is not given an opportunity to say something which could have had an impact on the type of sentence imposed.
Justice Dowa also considered the sentence was excessive and not within the district court’s jurisdiction. The charge of being in possession of 80 grams of cannabis as a controlled substance was also an error. Cannabis is not a controlled substance.
The state prosecution has consented to most of the grounds of appeal by Soon.
Justice Dowa said the charges against Soon were serious and in the national interest and public policy the matter is referred back to the district court and a new magistrate will hear the case. His K45,000 fine would be refunded.
Just a background to the case
It was at 4pm on November 16, 2022 police nabbed the taxi driver from Southern Highlands at the PNG Air cargo terminal at seven mile in Port Moresby.
This was after PNG Air staff reported to police after scans found some unusual cargo the taxi driver intended to send.
The taxi driver led police to the female from Korobosea waiting in the taxi who then led them to a unit at Rangeview that belongs to Aungfong.
He admitted having methamphetamine and cannabis at his unit and while police were searching found Soon upstairs. They were all arrested, charged and detained.
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