Lee Hun Hoe CJ (Borneo):

We granted the application of the applicants for an order that the judgment dated 1 September 1987 delivered by Dzaiddin J be the judgment to be included in the record of appeal and not his grounds of judgment dated 10 December 1988. We stated that we would give our reasons later because of the importance of the issue involved. We do so now.

The two applicants are mother and son. The charges were preferred against them for trafficking in dangerous drugs in Penang, contrary to s. 39B(1)(a) and punishable under s. 39B(2) of the Dangerous Drugs Act 1952. At the conclusion of the trial on 1 September 1987 the 1st applicant was sentenced to death and the 2nd applicant was sentenced to life imprisonment plus six strokes of the rotan.

It is not in dispute that the learned Judge handed down a fifteen-page judgment on 1 September 1987 which was dated and signed. Some fifteen months later, he purported to hand down another grounds of judgment dated 10 December 1988.

Having filed their appeal the applicants wrote to the Senior Assistant Registrar, High Court, Penang for notes of proceedings and grounds of judgment. On 14 February 1989 the Senior Assistant Re