TWO THAIS FREED OF DRUG TRAFFICKING CHARGE ON APPEAL

PUTRAJAYA, May 7 (Bernama) -- It was a joyous moment for two Thai nationals
who not only escaped the gallows but also walked out of court as free men after
the Court of Appeal Friday set aside their conviction and death sentence for
trafficking in 18,754 grams of cannabis.

The Court of Appeal three-man panel comprising Court of Appeal judges Ahmad
Maarop and Sulaiman Daud and High Court Judge Balia Yusof Wahi ruled that the
conviction of Sureeya Wutthisat and Asan Tong were unsafe, meaning it was not
based on enough evidence or was based on false evidence.

Justice Ahmad said this was because the High Court judge had committed
misdirection when assessing the evidence.

The panel unanimously acquitted and discharged the duo after allowing their
appeal to set aside the Temerloh High Court decision which had found them guilty
of trafficking the drug and sentenced them to death.

The duo, who were arrested on April 24, 2004, while driving a Mitsubishi
Storm four-wheel drive vehicle in which the drugs were found hidden in a
specially constructed compartment, have been behind bars for seven years.

Sureeya, 47 and Asan, 45, both worked in the motorbike transport service in
Golok, Thailand, and were charged with trafficking in the drugs at the Esso
petrol station in Jalan Ketari, Bentong, Pahang state at 3.30pm on April 24,
2004.

The Temerloh High Court convicted and sentenced them to death on April 22
2009 after hearing the testimony of 13 prosecution witnesses and four defence
witnesses.

In their defence, both men said they did not have any knowledge of the drugs
hidden in the vehicle.

Sureeya said he was merely accompanying Asan, who was supposed to deliver
the Mitsubishi Storm to a man named Ali in Bentong.

Their counsel, Hisyam Teh Poh Teik, had submitted to the court that there
was a serious misdirection in the case because the trial judge had not carefully
scrutinised the evidence.

Deputy Public Prosecutor Siti Rafidah Zainuddin, however, argued that the
evidence showed that the duo had custody of and control over the drugs.