PUTRAJAYA, Jan 24 (Bernama) -- International wildlife trader Anson Wong Keng Liang was given the green light by the Court of Appeal here Monday to appeal against his five-year jail term meted on him by the High Court for illegally exporting boa constrictor snakes without a permit.
A three-man panel comprising justices Datuk Hasan Lah, Datuk Abdul Malik Ishak and Datuk Ahmad Ma'arop unanimously granted Wong the leave to appeal.
Justice Hasan also made an order that the hearing of Wong's appeal would be expedited.
The 52-year-old trader has sought leave from the Court of Appeal to appeal against the decision of the Shah Alam High Court on Nov 4 last year which had enhanced Wong's jail term from six months to five years.
Wong has 14 days to filed his notice of appeal and the memorandum of appeal.
After the verdict, his Counsel Datuk Seri Muhammad Shafee Abdullah told reporters outside the court that he would be filing the notice of appeal and the memorandum today.
On Sept 6, last year, the Sepang Magistrate's Court sentenced Wong to six months' jail and fined him RM190,000 after the Penangnite pleaded guilty to illegally exporting the endangered species without a permit at the KL International Airport (KLIA) in Sepang at 8.50pm on Aug 26, last year.
Wong was in KLIA on transit from Penang to Jakarta when the snakes were found in his suitcase.
High Court Judge Datuk Wira Mohtarudin Baki imposed the five-year jail term on Wong after allowing the prosecution's appeal for a heavier sentence.
He, however, set aside the RM190,000 fine.
The Court of Appeal would determine three questions of law including a question on whether a High Court, in exercising its appellate powers, could on an appeal by the prosecution from a plea of guilty, impart his own knowledge on factual matters not placed before the magistrate when those matters were not apparent from the record of appeal nor were they matters that could be judicially noticed.
Earlier, Muhammad Shafee submitted before the panel that the High Court judge erred in sentencing Wong to five years jail because an accused person, who pleaded guilty to a charge and was a first offender, would be given a one-third or a one-fourth discount.
Muhammad Shafee said the five-year jail term imposed on his client was unprecedented, adding that the judge had relied on facts outside the perimeters of the facts of case when he sentenced Wong.
He conceded that Wong, who wanted to export the snakes to Indonesia, did not have the export permit to do so, stating that it was sheer laziness on his (Wong's) part or arrogance to apply for the permit.
He said Wong would be able to obtain the permit if he had applied.
"It was a technical offence. This is a man (Wong) who loves wild animals and deals with pet shops. He has a mini spa in Penang with two Bengal tigers with permit," said Muhammad Shafee.
Deputy Public Prosecutor Munahyza Mustapha submitted that Wong has failed to meet the threshold required under the law to be granted leave to appeal.
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