Tengku Maimun Tuan Mat:

Introduction

[1] This appeal is an apt example of the crucial role played by defence counsel in a criminal trial and how their flagrant incompetence might jeopardise the accuseds right to a fair trial - a right guaranteed by art 5(1) of the Federal Constitution and which comprises a fundamental tenet of the rule of law.

The Background Facts

[2] The appellant, a Yemeni, was charged in the High Court in Sabah and Sarawak at Tawau for the following offence:

"THE CHARGE:

That you on the 25th day of July 2013 at about 11.00 am. at the arrival hall of Tawau Airport in the District of Tawau, in the State of Sabah did on your own behalf, traffic in a dangerous drug, to wit 1,800.28 grams of Methamphetamine and that you have thereby committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 punishable under s 39B(2) of the same Act.

PUNISHMENT:

Shall be punished on conviction with death."

The Prosecution's Case

[3] On 25 July 2013, the appellant travelled by flight from Kuala Lumpur to Tawau, Sabah. The immigration officer who was on duty, one Amri bin Awang ('PW1), had, in the usual course of his duties inspected the appellants passport and noted that