A single mother of nine children escaped the hangman’s noose after the Court of Appeal here on Tuesday set aside her drug trafficking conviction and sentenced her to 12 years behind bars.

Hairun Jalmani, 62, was previously charged with trafficking 113.9 grams of syabu at an unnumbered house in Kampung Pengkalan Wakuba, Jalan Apau Tawau on January 10, 2018.

Justice Datuk Seri Kamaludin Md Said, who sat together with Justices Datuk Azman Abdullah and Datuk Azhahari Kamal Ramli unanimously meted out the sentence on Hairun under a lesser charge of drug possession leveled under Section 39A (2) of the Dangerous Drugs Act (DDA) 1952.

Hairun was ordered to serve her jail sentence from the date of her arrest.

On October 15, 2021, the accused was sentenced to death by the Tawau High Court after a full trial under Section 39B (1) (a) of the DDA 1952.

At that time, a video of her sobbing uncontrollably following her sentencing had gone viral on social networks.

Pro-bono basis counsel Sherzali Herza Asli and Nurul Rafeeqa Afdul Mutolip, who represented Hairun for this appeal, had on August 29 wrote a representation letter to the deputy public prosecutor’s office requesting to overturn the drug trafficking conviction and substitute it with drug possession which provides for an imprisonment for life or a jail term of not less than five years and whipping of not less than 10 strokes, upon conviction.

On September 6, the deputy public prosecutor’s office issued a reply confirming that Hairun’s representation had been accepted.

For this appeal, Sherzali submitted among others that Hairun was born in the Philippines and moved to Malaysia with hopes of providing a better life for her children.

Sherzali further said that Hairun became the sole breadwinner of her family after the sudden death of her husband.

Sherzali proposed to the panel that five years and nine months imprisonment from the date of of her arrest on January 10, 2018, to be imposed on Hairun, who had already been in jail for five years.

The prosecution submitted trends of sentencing on drug possession cases in the country and proposed 13 years’ imprisonment to be imposed on Hairun.

Source:
courtesy of THE BORNEO POST

by SURAINI ANDOKONG

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