Malaysia: Lukman escapes death penalty, not prison

Muhammad Lukman Mohamad, a Malaysian engineer who manufactured’cannabis oil to treat cancer patients will finally escape the death penalty after Malaysia's Federal Court accepted his appeal on two counts.

However, Lukman was convicted under Section 9 of the Dangerous Drugs Act (DDA) and sentenced to 5 years' imprisonment.

«The prosecution has failed to determine the weight of the drugs and the conviction cannot stand,» said Tengku Maimun, Chief Justice of Malaysia.

In August 2018, the High Court had found Lukman guilty of three counts of trafficking in 3mL of cannabis extract, 1.422g of delta 9 tetrahydrocannabinol and 279.81g of cannabis, and sentenced him to death. Late 2019, the Court of Appeal confirmed the death penalty on the first two counts, but reduced the third to possession.

Lukman has only appealed to the Supreme Court against the trafficking conviction.

«The exhibits were irregularly presented to the High Court, as was done in the absence of the trial judge,» said declared Hisyam Teh Poh Teik, Lukman's lawyer. He also stated that Lukman should not have been charged under the law (DDA) as he had only sold them for medical purposes.

His lawyer said his client would be released from Maran prison after a prison official completed the administration of rotan, the local whip.

«If not for the whip, he should be released immediately because the seven-year prison sentence is over, with a third remission,» he told FMT after the proceedings.