Alauddin Mohd Sheriff Pca:

Introduction

[1] The appellant was charged for an offence of trafficking in dangerous drugs under s. 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) in the High Court at Muar.

[2] The said charge reads as follows:

Bahawa kamu pada 2hb. Mei 1999, jam lebih kurang 10.10 malam di KM 132.5 Jalan Johor Bahru - Segamat, Cha'ah, dalam daerah Segamat, dalam Negeri Johor, telah didapati mengedar dadah berbahaya iaitu 19,152 cannabis dan dengan itu, kamu telah melakukan satu kesalahan di bawah seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 dan boleh dihukum dibawah seksyen 39B(2) Akta yang sama.

[3] At the end of the trial the appellant was convicted on the said charge and sentenced to death.

[4] The appellant's appeal to the Court of Appeal against the said conviction by the High Court was dismissed. Hence the present appeal to the Federal Court.

Background Facts

[5] On 2 May 1999 at about 9pm, PW5 was seated at a food stall at Cha'ah located at the 132.5 km along the Johor Bahru - Segamat Road. He was with his friends.

[6] At about that time he (PW5) noticed a white car coming from the direction of Segamat towards Yong Peng go off the road while avoiding another vehicle. This happened across the road from where he was seated.

[7] He saw a man later identified as the accused (the appellant before us) emerge from the car. PW5 and his friends went towards the appellant. They wanted to help him. They were concerned to see if he was alright. But the appellant acted rather strangely. He shoved them away. They then returned to the food stall.

[8] Soon after, PW5 saw the appellant open the trunk of the car, remove a blue package and throw it away.

[9] He (PW5) became suspicious and telephoned the police.

[10] While making the phone call PW5 observed the appellant standing alone near the car.

[11] About half an hour later, a tow truck arrived at the scene but then moved away.

[12] Shortly after that the police arrived in a Land Rover. On seeing them the appellant began to run away. He was apprehended.

[13] PW5 then assisted PW6 (Corporal Rosli Hamid) who was among the police personnel who had arrived at the scene.

[14] He narrated to PW6 what he had witnessed and pointed in the direction in which the blue package had been flung. The package was then recovered. It was produced as exh. P6B at the trial.

[15] PW6 opened the package. From within it was recovered a substance which upon subsequent chemical analysis was found to be 19,152 grams of cannabis.

[16] Then one Halim bin Kadir, a friend of the appellant arrived at the scene in a red car and met PW6. Halim was there to help the appellant tow the car. Halim was also arrested but was released later as a search conducted on him and his car did not find anything incriminating.

[17] In his defence the appellant denied that the said package containing cannabis was in the boot of his car, that the said package containing cannabis belonged to him and that he was transporting the said package containing cannabis for the purpose of trafficking.

[18] The appellant however did not dispute the facts that his car skidded off the road at Cha'ah, that he was approached by the villagers who came to help him, that he drove them away as he did not require their help.

[19] The accused admitted opening the boot of his car but only to take out a jack and spanner to jack his car.

Findings Of The High Court

[20] In dealing with the evidence before him the learned trial judge in his judgment (see p. 46 of the appeal record) came to this finding of fact:

The evidence in the instant case clearly proved that the package containing the said 21 blocks of cannabis was in the boot of a car, that at or about the 132.5 km Johor Bahru to Segamat Road, was traveling from the direction of Segamat towards the direction of Yong Peng, under the direction and control of the accused. The obvious question is whether the accused was aware that he was driving a car with a package containing cannabis in