JUDGMENT

Power PCA:

[1] The appellant was charged:

That you did, at around 2235 hours on the 10th day of December 2005, on a boat at the jetty, Kampong Bandung, Jalan Istana Darul Hana, Bandar Seri Begawan in Brunei Darussalam, not being a person authorized by the Misuse of Drugs Act, Cap 27 or the Regulations made thereunder, did have in your possession a total of 146.28 grammes of clear crystalline substances containing a total of 109.27 grammes of a Class A controlled drug, to wit METHYLAMPHETAMINE, for the purpose of trafficking in contravention of section 3A of the Misuse of Drugs Act and you have thereby committed an offence punishable under s 29 read with the Second Schedule of the said Act.

[2] On 25 October 2008, he was convicted after trial before Justice Chong and Justice Hairol ('the court') and sentenced to death. He is now represented by Mr Roy Prabhakaran, as he was at trial, in an appeal against that conviction.

[3] The evidence, as set out by the court, is as follows:

(2) The charge against the defendant arose out of events on 10 December 2005 at about 10pm when officers of the Narcotics Control Bureau (NCB) went to the jetty at Kampong Bandung (also known as the Tumasek