Kang Hwee Gee JC

Both the accused were charged with the offence of jointly, and in furtherance of a common intention of, trafficking in 644g of cannabis under s 39B of the Dangerous Drugs Act 1952. The offence is punishable by death.

They were arrested in an operation staged by the police from the Cawangan Anti Dadah ('CAD') Perak which involved the use of an informer and three agent provocateurs to buy the drug from the accused. The drug was delivered by the accused in the agents' car outside the Al Amigo Nightclub on 29 October 1992 at about 10.15pm. The case for the prosecution is best understood by the following summary of events.

21 October 1992 at 2.30am: Det Sgt Maj (DSM) Saidin (PW5) received information that a drug trafficker was operating at the McDonald's, Yik Foong and the Kentucky Fried Chicken (Ipoh Gardens) areas; informer promised to introduce trafficker to DSM Saidin at 2pm at the Yau Tet Shin market. On his superior's instruction, DSM Saidin assumed the role of an agent provocateur to meet the trafficker; trafficker did not turn up at the appointed time and place; informer refixed appointment to meet trafficker at McDonald's restaurant, Jalan Cockman; again trafficker did not turn up; informer refixed appointment at same place at 7pm the next day 22 October 1992.

22 October 1992 at 7pm: Informer succeeded in introducing DSM Saidin to alleged trafficker, the first accused, as Michael, at the McDonald's restaurant. The first accused showed samples of ganja to DSM Saidin which he wanted to sell at RM30 per packet; DSM Saidin he wanted 1,000 packets, counter-proposed RM17 to RM20 per packet; promised to meet again on the next day 23 October 1992 at 3pm at Kentucky Fried Chicken, Ipoh Garden.

23 October 1992 at 3pm: Informer and DSM Saidin met first accused at Kentucky Fried Chicken, Ipoh Gardens as promised. The first accused told DSM Saidin the price per packet could be reduced to RM21 per packet but DSM Saidin replied that his boss could not come to fix the price. Parties fixed meeting at 8pm that night.

DSM Saidin met first accused without the informer as planned at the same place where they agreed on price at RM21 per packet for 1,000 packets. They agreed to meet at McDonald's at between 2–3pm on 26 October 1992 to fix time and place of delivery. DSM Saidin informed first accused he will get the money from his friends in Kuala Lumpur.

26 October 1992 at 2pm: DSM Saidin met first accused at McDonald's restaurant as agreed and informed him that friends from Kuala Lumpur will arrive on 29 October 1992. Fixed date of delivery on 29 October 1992 at 3pm at Kentucky Fried Chicken, Ipoh Gardens.

29 October 1992 at 2pm: Briefing conducted by Insp Zorki (PW6) at CAD to arrest the accused when he delivered the drug as arranged. DPC Shakri (PW7) and Insp Zorki himself were to be provocateurs in the planned operation to be introduced to the first accused.

3pm: The three agent provocateurs met the first accused at the KFC where PW6 and PW7 were introduced to him. The first accused informed them that the delivery could not be made because it was unsafe and suggested that delivery be made at Jalan Yang Kalsom in front of Wisma Kinta at 9.15pm that same day.

8.00pm: Another briefing conducted by Insp Zorki with the same group to plan the arrest. DSM Saidin was to give the arrest signal by opening boot of his car and flashing his torchlight around for the arresting party to act.

9.15pm: Police party proceeded to the appointed place of delivery at Jalan Yang Kalsom. The three agent provocatuers, DSM Saidin, Insp Zorki and DPC Shakri went in a car driven by DSM Saidin. DPC Shakri was seated in the front seat and Insp Zorki at the rear. The first accused riding motor cycle ABQ 6000 called out to DSM Saidin when he entered Jalan Yang Kalsom; DSM Saidin made a U-turn and stopped at where the first accused was; the first accused entered his car by the left rear door and seated himself beside Insp Zorki. At his request, Insp