MOHAMED DZAIDDIN J Both accused persons were charged as follows:

"That you jointly on the 10th day of March 1981 at about 4.20 p.m., in

the lobby of Rasa Sayang Hotel, Batu Ferringhi, in the District of

Georgetown, in the State of Penang, in furtherance of the common

intention of you both, did on your own behalf traffic in dangerous

drugs, to wit, 1608.7 grammes of heroin and that you have thereby

committed an offence under Section 39B(1)(a) of the Dangerous Drugs

Act, 1952 and punishable under Section 39B(2) of the same Act read with

Section 34 of the Penal Code."

According to the prosecution evidence, some time in December 1980, one Raymond James Mckinnon (P.W.4), a Drug Enforcement Administration agent attached to the American Embassy in Kuala Lumpur was introduced by an informant to an individual named Tony at Hotal Merlin Pulau Pinang. P.W.4 identified accused No.2 as the person named Tony. P.W.4 was introduced as a rich American owning a yacht in Malaysia who was interested to purchase drugs. He discussed with accused No.2 and told him that he would take delivery of the heroin in his yacht and would transport the drugs to Australia and the United States. Accused No.2 told him that he had a source of supply for the drugs. At this meeting they merely discussed in general terms the price of the drugs and they agreed that accused No.2 would make the necessary arrangement for the delivery of the drugs. P.W.2 agreed to meet him again when he was ready. The second meeting between them was sometime in the middle of January 1981 also at Hotel Merlin. During this meeting, accused No.2 informed P.W.4 that he was able to deliver the drugs. However, they could not agree on the arrangement for the transaction because his suppliers were asking for the money in advance. Accused No.2 assured P.W.4 that he would try to get a different supplier and both of them agreed to meet again. The third meeting was in February 1981, where they met briefly. P.W.2 could not recall the exact location. However, what transpired at that meeting was that accused No.2 had told him that he had a new source of supply of the drugs and assured him that this supplier was prepared to do the transaction without money being paid in advance.

On March 10, 1981, P.W.4 met accused No.2 and the informant at about 11.00 a.m. at Hotel Merlin coffee house to discuss the sale of the drugs. Accused No.2 told him that his source of supply had moved from Haadyai to Penang. He said he had 10 pounds of heroin available and the deal could take place as soon as possible. They agreed that the price was M$ 13,000.00 per pound and the transaction would be done in a hotel room. P.W.4 told accused No.2 to contact him by phone at Hotel Merlin at 1.30 p.m. so that he could inform accused No.2 the place of the transaction. After the meeting, P.W.4 left for Rasa Sayang Hotel, Batu Ferringhi where he booked two adjoining rooms No. 303 and 304. After checking the rooms, he left for Springtide Hotel, Tanjong Bunga at about 12.00 noon.

At Springtide Hotel, P.W.4 met Supt. Low Tak Fun (P.W.2), the informant and Mr. James Dockerey, another D.E.A. agent and briefed them on the proposed transaction which was to be carried out in room 303 Rasa Sayang Hotel the same afternoon. P.W.4 told them that accused No.2 and his supplier would deliver 10 pounds of heroin in a hotel room. After both the supplier and accused No.2 were satisfied that he had the money and that it was safe to do the transaction, the supplier would then bring the heroin to the room. As part of the plan, the informant would go to the Sunrise Towers, Bagan Jermal at 3.00 p.m. to fetch accused No.2 and to accompany him to the room at Rasa Sayang and thereafter to accompany the supplier to collect the heroin. Upon inspection of the heroin, the informant was to give a signal to the customs officers at the lobby of the Rasa Sayang to