Lee Kwan Woh was sentenced to death by the High Court for drug trafficking but appealed to the Federal Court. The Federal Court quashed the death sentence after finding that the trial judge violated Lee's right to a fair trial under Article 5(1) and failed to properly evaluate the contradicting evidence and stories presented. The case involved an ambush by police where Lee was apprehended exiting his brother's car with a plastic bag allegedly containing cannabis and attempting to flee before being overpowered and arrested.
Lee Kwan Woh was sentenced to death by the High Court for drug trafficking but appealed to the Federal Court. The Federal Court quashed the death sentence after finding that the trial judge violated Lee's right to a fair trial under Article 5(1) and failed to properly evaluate the contradicting evidence and stories presented. The case involved an ambush by police where Lee was apprehended exiting his brother's car with a plastic bag allegedly containing cannabis and attempting to flee before being overpowered and arrested.
Lee Kwan Woh was sentenced to death by the High Court for drug trafficking but appealed to the Federal Court. The Federal Court quashed the death sentence after finding that the trial judge violated Lee's right to a fair trial under Article 5(1) and failed to properly evaluate the contradicting evidence and stories presented. The case involved an ambush by police where Lee was apprehended exiting his brother's car with a plastic bag allegedly containing cannabis and attempting to flee before being overpowered and arrested.
Procedural History Death sentence by HC Appealed to CoA, CoA affirmed HCs decision. Appealed to FC, FC quashed the decision of death sentence. Facts Inspector laid ambush at Jalan Selasar 10, Ipoh. Accused arrived, parked a car belongs to his brother. Emerged with allegedly white plastic bag contained cannabis. Apprehended by the polices. Attempted to flee. Overpowered and get arrested. Issues Was there a violation of the accuseds art 5(1) right to a fair trial by the trial judge? Did the trial judge fail to judicially appreciate the evidence? Personal Analysis Contradicting stories and evidences. The judges failed to judicially appreciate the evidence. Investigation of Drug trafficking.
Joseph Bontempo v. Peter Fenton, Warden, Rahway State Penitentiary, and James R. Zazzali, Attorney General of The State of New Jersey, 692 F.2d 954, 3rd Cir. (1982)