The court determined that evidence from an undercover agent is credible and sufficient to establish guilt in drug trafficking cases, regardless of the absence of corroborating witnesses.

Introduction

[1] Both the appellants were jointly charged and tried in the High Court of Johor Bahru that they together at about 8pm. on 24 August 2002 in front of Hotel Apollo, Jalan Nakhoda 7, Taman Ungku Aminah in the district of Johor Bahru in the State of Johor Darul Takzim trafficked in dangerous drugs, to wit, 6004.3 grammes of cannabis and had therefore committed an offence under s 39B(1)(a) of the Dangerous Drugs Act 1952 ("the Act") and punishable under s 39B(2) of the same Act read together with s 34 of the Penal Code .

[2] At the conclusion of the trial, they were convicted and sentenced to death. They filed notices of appeal and we heard them. At the end of the hearing, we dismissed their appeals and affirmed the decisions of the High Court of Johor Bahru. We now give our reasons.

The Facts

[3] On 20 August 2002, ASP Charun Aai Been (SP7) received an information from an informer, one male Chinese, that one male Indian was offering to sell 20 kilogrammes of ganja at the price of RM1,200 per kilogramme.

[4] On 21 August 2002, SP7 directed Detective Corporal Yusof Keling (SP4) to be an agent provocateur.

[5] On 22 August 2002, SP7 introduced SP4 to the informer.

[6] On 22 August 2002, SP4 met the informer outside the restaurant area at Taman Ungku Tun Aminah. At that time, the informer introduced SP4 to two male Indians. SP4 then spoke about the purchase of ganja with the two male Indians. Both the male Indians stated that one kilogramme of ganja priced at RM1,200 per kilogramme. Both the male Indians were identified by SP4 as the first appellant ("A1") and as the second appellant ("A2"). One of the appellants stated that he would contact SP4 in two days time if the supply of ganja was obtained.

[7] On 24 August 2002, SP4 received a telephone call via hand phone from one of the appellants who asked to meet SP4 on the same day at 3pm in the vicinity of Tasik supermarket at Taman Ungku Tun Aminah. SP4 agreed and he met both the male Indians at the designated place. In the meeting, one of the male Indians stated that the supply of 20 kilogrammes of ganja was already available. Both the male Indians then asked SP4 to get ready a sum of RM22,000. And it was agreed that the ganja would be handed to SP4 in front of Hotel Apollo at Taman Ungku Tun Aminah between 7.30pm to 8pm on 24 August 2002.

[8] SP4 briefed SP7 about the latest development. SP7 then gave RM22,000 to SP4 in denominations of RM50 and RM100 and the monies were put in a waist pouch. It was agreed that if the ganja was identified, SP4 should wipe his hair with his hand as a signal for the police party to ambush the targets.

[9] On 24 August 2002 at 6.15pm, SP4 went to Hotel Apollo in a motor car accompanied by Lance Corporal Sabran (SP5). On arrival at the said hotel, the motor car was parked near to the said hotel.

[10] In the meantime, Chief Inspector Zamri Razab (SP6) together with the rest of the police party who attended the briefing given by SP7 earlier on had arrived at the vicinity of Hotel Apollo and they took up ambush positions focussing their attention on SP4 and awaiting the signal which would be given by SP4.

[11] On 24 August 2002 at 7.30pm, A2 arrived on a motorcycle and he met SP4. A2 wanted to see and count the monies in the sum of RM22,000. The counting was done in the motor car which SP4 used to go to the said hotel. After that, A1 also arrived and he too counted the monies in the sum of RM22,000 in the same motor car. Thereafter, A1 telephoned someone and about ten minutes later, a motor lorry arrived and when it stopped A1 unloaded one box (exh. P5) from the back of the motor lorry. That box was brought down by A1 and he showed it to SP4. A1 opened the box in the presence of SP4 and SP4 saw inside the box compressed dried leaves suspected to be ganja.

[12] After SP4 identified the subject matter to be ganja, he gave the pre-requisite signal and the police party swung into action and arrested A1 after a brief struggle and A2 after