Abdul Rahman Sebli JC:

[1] The joint charge against the two accused is as follows:

That you both, on the 11th day of August 2005 at about 10.50 am in room no. 808, 8th Floor, Kinabalu Daya Hotel, Jalan Pantai, in the District of Kota Kinabalu, in the State of Sabah, did on your own behalf traffic in a dangerous drug to wit 336.66 grams of Methamphetamine and that you both have thereby committed an offence under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under Section 39B(2) of the same Act read with Section 34 of the Penal Code .

[2] They claimed trial to the charge before then Justice Ian Chin. At the close of the prosecution case Justice Ian Chin ruled that the prosecution failed to establish a prima facie case against both of them and accordingly acquitted them of the charge. He however called upon both accused to answer a charge under s. 12(2) read with s. 39A(2)(r) of the Dangerous Drugs Act 1952 (the Act) . The accused pleaded not guilty to the amended charge and gave evidence on oath. At the conclusion of the trial Justice Ian Chin found both of them guilty and sentenced each of them to life imprisonment. The 1st accused was additionally