The Charge

[1] In the High Court at Sibu, Sarawak, the appellant was charged with trafficking in a dangerous drug and the charge against him was as follows:

"Bahawa kamu pada 25 Julai 2012 jam lebih kurang 9.20 pagi, bertempat di belakang Vital Focus Transportation Sdn Bhd Terminal Bus, Jalan Pahlawan, Sibu, di dalam Daerah Sibu, di dalam Negeri Sarawak, telah mengedar dadah berbahaya iaitu methamphetamine seberat 184.88 gram, dan dengan itu kamu telah melakukan suatu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952 yang boleh dihukum di bawah s 39B(2) Akta Dadah Berbahaya 1952."

[2] He claimed trial to the charge at the conclusion of which he was found guilty and sentenced to death. This is his appeal against the conviction. Having heard arguments from both sides we dismissed the appeal by a unanimous decision. These are our grounds for dismissing the appeal. My learned brothers Justice Zawawi Salleh JCA and Justice Idrus Harun JCA have read this judgment and have approved the same.

The Background Facts

[3] The facts are quite straightforward and can be summarised as follows. On 25 July 2012 at about 9.10am, Detective Abdul Yaacub bin Sahari (PW4) and two of his colleagues followed the appellant's car bearing registration No QSV7800 until it stopped and parked at the parcel of Vital Focus Transportation ("VFT") located at the bus terminal, Jalan Pahlawan 7B Sibu. There was another person inside the car, a lady by the name of Ofelia. She was the appellant's girlfriend.

[4] On his arrival at the bus terminal, the appellant alighted from the car through the driver's door and proceeded straight to the parcel collection section of VFT. As soon as he reached the counter, he pointed to a box (P12) with the consignment number 213571 which was lying on the floor. He then showed to the clerk on duty (PW3) a text message in his handphone which displayed the consignment number 213571.

[5] PW3 asked the appellant to produce his identity card, which the appellant did, and she duly recorded the identity card number in the company's record book (P11). The appellant himself wrote down his phone number 0109712255 on the record book.

[6] After collecting P12, the appellant headed back towards the car holding the box with both hands. Ofelia was seated at the passenger seat. As the appellant was about to enter the car, PW4 stopped him and introduced himself as a police officer. Startled by the sudden appearance of the police, the appellant threw the box onto the driver's seat of the car.

[7] When PW4 tried to arrest him by holding his hand, the appellant resisted by stiffening his body and hands and tried to step away from the car. He was however detained and handcuffed by PW4 with the assistance of his two colleagues. Ofelia was also arrested. A short while later PW4's superior officer Inspector Lee Beng Oui (PW6) arrived on the scene.

[8] PW6 took out P12 from the car and called both the appellant and Ofelia to witness the inspection of the box. Before that he administered the statutory caution under s 37A(1)(b) of the Dangerous Drugs Act 1952 ("the DDA "). The appellant then gave his statement (P13) to PW6. The questions and answers proceeded as follows:

"S: Adakah kotak itu kamu ambil sendiri di kaunter.

J: Ya.

S: Siapakah pemilik sebenar kotak tersebut?

J: Ah Kiong.

S: Ah Kiong ada bersama kamu?

J: Tiada.

S: Apa yang ada dalam kotak tersebut?

J: Tidak tahu."

[9] The appellant however refused to sign the statement. PW6 then opened the box in the presence of both the appellant and Ofelia. Among the items found in the box was one black plastic bag (P18) containing five transparent plastic packets (P19 (a-e)) containing crys