Malaysia: Death of an innocent? Death penalty accused presumed guilty

Hassim Escandar was hanged on 30 April 1993. It is likely that he was innocent of the charge of drug trafficking for which he was arrested on 23 November 1985 and sentenced to death on 15 December 1989 by the High Court in Kota Kinabalu, Sabah state. Escandar, a Filipino immigrant worker, was convicted on the basis of anti-drugs squad’s evidence that two keys were found on him, which opened a bag of cannabis found on a bus on which he was travelling with seven other passengers, all native Sabahans. One of whom was jointly charged with Escandar, but was freed by the High Court Judge without having to defend himself. The other passengers were not called as witnesses and his counsel was not allowed to cross examine them. Under the Dangerous Drug Act the accused is presumed guilty.

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