PUTRAJAYA, May 5 — The Court of Appeal has upheld a police officer's conviction for possessing 81 critically endangered pangolins without a special permit, but reduced his prison sentence from six years and six months to one year.
A three-judge bench led by Justice Datuk Azman Abdullah, sitting with Justices Datuk Noorin Badaruddin and Datuk Mohd Radzi Abdul Hamid, dismissed Mohd Sharwandy Sollahudin's appeal against his conviction on four charges under the Wildlife Conservation Act 2010.
The court set aside the 24-month imprisonment for the first charge and the 78-month sentences for the second and third charges, substituting each with 12 months' imprisonment.
However, it maintained the nine-month jail sentence imposed by the Sessions Court for the fourth charge, and ordered that all custodial sentences run concurrently. As a result, the appellant will serve only one year in prison.
Sharwandy, 40, was ordered to begin serving his sentence today. He had previously been granted a stay of execution and released on bail of RM30,000 with two sureties pending the disposal of his appeal.
In a unanimous decision, Justice Azman said the court was satisfied that the conviction entered by the Sessions Court against the appellant and affirmed by the High Court was safe and without any serious error of fact.
There was overwhelming evidence against Sharwandy, based on the evidence adduced by the prosecution.
The raiding team from the Wildlife and National Parks Department (PERHILITAN) had conducted surveillance from 6.30am, during which the appellant was seen at the scene at 7am, and was subsequently arrested at 12pm.
"There is no evidence showing the presence of any other party at the scene, and the prosecution's case is further strengthened by the appellant's attempt to prevent the raiding team from entering the premises," he added.
On May 29, 2024, the Alor Setar Sessions Court found Sharwandy guilty on all four charges and sentenced him to six years and six months' imprisonment. The High Court dismissed his appeal on March 17 last year.
The appellant was sentenced to 24 months' imprisonment for the first charge (possession of 24 pangolins, Manis Javanica), 78 months for the second charge (involving 13 juvenile pangolins), a further 78 months for the third charge (possession of 44 female pangolins), and nine months for the fourth charge (keeping the pangolins confined and tied in sacks, causing them suffering and distress).
The sentences for all charges were ordered to run concurrently.
The offences took place at a house in Taman Teratai Permai, Jalan Langgar, Alor Setar, Kedah, on September 18, 2018, at 12.35pm.
Earlier, the appellant's lawyer Ravishankar S N Gandhi urged the court to reduce the custodial sentences, stating that his client would lose his job as a police officer as well as his pension.
However, Deputy Public Prosecutor Noor Farhana Adham requested the court to uphold the sentences imposed by the Sessions Court, arguing that they serve as a deterrent.
