Nik Hashim FCJ:

Application

[1] This is yet another application under r. 137 of the Rules of the Federal Court 1995 (r. 137). By a notice of motion the applicant applies to this court to set aside his conviction and sentence of death or make such order or further order deemed fit and proper in the interest of justice.

[2] The facts of the case are that on 30 April 1993 the applicant, a Hong Kong resident, was found to be carrying 17 packages containing heroin upon a body search at the immigration control post in Bukit Kayu Hitam, Kedah. He was charged with trafficking in 2,125.4 grammes of heroin under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) and punishable under s. 39B(2) of the Act. At the end of the trial the applicant was convicted and sentenced to death by the High Court at Alor Setar Kedah on 11 October 1994. Dissatisfied with the decision, the applicant appealed to the Court of Appeal. On 16 April 1997 the Court of Appeal dismissed the appeal and affirmed the conviction and sentence of the High Court. The applicant appealed to the Federal Court against the decision of the Court of Appeal. On 20 August 2001, the Federal Court (Mohamed Dzaiddin CJ, Steve