Defendant who claimed to be "given" drugs and guns received 20 years in prison

Defendant Tran Minh Hoai. Photo: Truong Duyen

On the afternoon of May 25, the People's Court of Nghe An province continued to bring the case of "Illegal drug trafficking" against Tran Minh Hoai (born in 1970, residing in Dien Hong commune, Dien Chau) to trial.

Previously, in 2006, Tran Minh Hoai was sentenced to 11 years in prison by the People's Court of Nghe An province; in January 2018, Hoai was sentenced to 30 months in prison by the People's Court of Vinh city for the same crime.

According to the indictment of the Provincial People's Procuracy, at about 8:00 a.m. on December 14, 2017, Tran Minh Hoai bought 72.23 grams of heroin and 211.09 grams of synthetic drugs from a man named Bo with unknown origin and address for 100 million VND, but owed 40 million VND.

On December 15, Hoai was preparing to sell the drugs to a man named Tuan and another man in Quang Nam province when he was caught red-handed by Hoang Mai Town Police.

At the trial on May 21, 2018, Tran Minh Hoai clearly recognized that his criminal behavior was a violation of the law, but requested the panel of judges to consider the crime of "possessing the above drugs for use, not for buying and selling".

Hoai repeatedly asserted that the drugs, guns, and scales were "given" by someone else and that there was evidence to prove that they were all in his smartphone. However, the defendant did not know where this phone was. Considering the need to clarify the content of the defendant Hoai's statement, the panel decided to temporarily suspend the trial and will summon other officers and witnesses to clarify this information.

During the trial this afternoon, the panel of judges announced the results of the verification of Tran Minh Hoai’s testimony from the police units. Documents and evidence all confirmed that the defendant’s testimony about the origin of the drugs seized in the case, provided by the police, was baseless.

Defendant Tran Minh Hoai could not provide any additional evidence consistent with his testimony at the previous trial. Hoai admitted that he currently lacked a stable job, so he sold drugs to satisfy his addiction.

The panel of judges determined that the Nghe An Provincial People’s Procuracy’s prosecution of Tran Minh Hoai for “Illegal drug trafficking” was the right person and the right crime. The defendant’s drug testimony was found by the police to be baseless. Tran Minh Hoai must bear criminal responsibility for illegally trading 72.23g of heroin and 211.09g of synthetic drugs.

Considering the entire case, the aggravating and mitigating circumstances, the panel sentenced Tran Minh Hoai to 20 years in prison for the above crime. Combined with the 30-month prison sentence for “Illegal drug trafficking” announced by the Vinh City People’s Court that has not yet been executed, Tran Minh Hoai must serve 22 years and 6 months in prison.