The Federal Court in Putrajaya dismissed M Kathavarayan’s final appeal on 5 August 2009 and upheld his death sentence for trafficking 937.8 grams of cannabis.[1][2] The three-judge panel of Chief Judge of Sabah and Sarawak Richard Malanjum, Chief Judge of Malaya Arifin Zakaria and Federal Court judge Hashim Yusoff agreed the prosecution had proved physical possession and trafficking beyond the statutory presumption.[1]

Kathavarayan, 60, a part-time pirate taxi driver, was stopped while driving his own car and found with the drugs in a bag under the driver’s seat on Jalan Muktamar, Taman Sultan Abdul Halim, Alor Setar, on 31 May 2000.[1][2] The Alor Star High Court convicted him on 29 October 2003, and the Court of Appeal later affirmed the conviction and sentence.[1][2]

His defence that a passenger in his pirate taxi could have placed the drugs under the seat was raised only at the defence stage, and both appellate courts rejected it, finding the drugs were in his custody and control with knowledge on his part.[2] With the quantity above 200 grams, the statutory presumption of trafficking applied, which he failed to rebut.[1][2]