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2000 MarsdenLR 5005

COURT OF APPEAL (PUTRAJAYA)
GOPAL SRI RAM, J, RICHARD MALANJUM, J, HASHIM, JJCA
Chan King YuC – Appellant
Versus
HASHIM JJCA – Respondent


Advocates:
Gurbachan Singh (Bachan & Kartar) for the appellant.

Awang Armadajaya bin Awang Mahmud (Attorney General's Chambers) for the respondent.

Gopal Sri Ram JCA (delivering judgment of the court):

[1]The appellant was convicted by the High Court at Kuala Lumpur on a charge of trafficking 9,103.9g of methamphetamine and was sentenced to death. Heappealed to us against his conviction and sentence. We dismissed his appeal. Thereasons for our decision are now produced. First the facts.

[2]On the morning of 19 June 2000, ASP Giam Kar Hoon (PW7) from the Narcotics Division of Bukit Aman received information that a Chinese male from Hong Kong by the name of Chan King Yu would be trafficking in a dangerous drug at a hotel in Kuala Lumpur on that very day. Acting on that information PW7 assembled a team of police personnel. Among the team were Shamsuddin Jantan (PW4) and Lance Corporal Abdul Halim Basri (PW5). At about noon on the same day, PW7 received further information that the hotel at which the offence was to be committed was the Hotel Nova at Bukit Bintang. He at once despatched PW4 and one Detective Corporal Teoh to the hotel to conduct a surveillance of the appellant. On arrival at the scene, PW4 remained in his car which he parked close to t

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