Hamid Sultan JCA

(delivering judgment of the court):

[1]The appellant/accused’s appeal came up for hearing on 28 February 2013 and upon hearing we allowed the appeal on the same day. My learned brothers Mohamed Apandi bin Hj Ali JCA and Linton Albert JCA have read the draft judgment and had approved the same. This is our judgment.

THE BRIEF FACTS

[2]The appellant was charged for trafficking 646.1g 3, 4–Methylenedioxymethamphetamine under s 39B(1)(a)Dangerous Drugs Act 1952 (‘DDA 1952’)s 39A(2)DDA 1952rotan. The prosecution was dissatisfied and appealed and the Court of Appeal ordered the defence to be called on the original charge of trafficking. The learned trial judge who had convicted him for possession heard the defence case and held that the offence of trafficking had been proven and accordingly sentenced him to death.

[3]It must be noted that (a) the solicitor who acted at the prosecution stage was one and at defence stage another, (b) the learned judge at the end of defence case took into consideration the appellant’s plea of guilt for possession previously, inter alia, to reject his defence and concluded as an afterthought.

THE PROSECUTION AND DEFENCE VERSION

[4]The prosecution v