Background

[1] The appellant - Siew Yoke Keong ("Siew") was retried in the High Court on the charge of trafficking in 1,583.4 grams of dangerous drugs (1,452.1 grams of heroin and 131.3 grams of monoacetylmorphines) on 13 August 97, at about 1.50am at house No 3, Lot 6862 - A, Lorong 3D, Kampung Baru Subang, in the District of Petaling, in the State of Selangor, an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 (DDA) and punishable under s 39B(2) of the . The retrial was pursuant to the decision of the Court of Appeal on 4 January 2005 ordering that the conviction and sentence on Siew be set aside and that he be retried before another judge. At the conclusion of the retrial the High Court found Siew guilty, convicted him and sentenced him to death. His appeal to the Court of Appeal was dismissed and the conviction and sentence on him was affirmed. Siew preferred an appeal to this Court.

The Prosecution's Case

[2] The evidence adduced by the prosecution is as follows Acting on information received on 13 August 1997 at about 12.30am, DSP Yap Seng Hock (PW6) and a team of police personnel which included Sgt Major Mohd Kasim b Awang Noh (PW5) waited in ambush i