Edgar Joseph Jr J

This accused was prosecuted before me upon a single count of trafficking in dangerous drugs, to wit, 170.3 grammes of heroin, in contravention of s.39B(1)(a) of the Dangerous Drugs Act, 1952 (Revised 1980) ("the Act"). Specifically, the charge was expressed in the following terms:

"That you, Neoh Wan Kee @ Neoh Guan Kee (m), on October 15, 1981, at about 4.25 p.m. at Jalan Tun Syed Sheh Barakhbah, in the District of Georgetown, in the State of Penang, did on your own behalf traffic in dangerous drugs, to wit, 170.3 grammes of heroin, in contravention of section 39B(1)(a) of the Dangerous Drugs Act, 1952,(Revised 1980), and that you have thereby committed an offence punishable under section 39B(2) of the same Act."

According to the prosecution, one Mr. David Richardson (P.W.2), who had been engaged in criminal investigation work for the United States Government for the last eighteen years and was, at all material times, attached to the Drug Enforcement Administration, Cincinati, Ohio, came to Penang in October, 1981, on a temporary duty assignment.

On arrival in Penang, he spent much time in Penang Street and Chulia Street where he was asked by several persons if he was interested in purchasing drugs, to which he replied in the affirmative, adding that he was interested in purchasing heroin and, if there were to be further discussions, he would be available in the Merlin Coffee House. As a result, he was there approached by a male Indian who introduced himself as Mohamed and, who enquired, if he was interested in purchasing ganja, to which query P.W.2 replied that he was interested in purchasing heroin. Mohamed then said that he knew somebody who might be able to help. P.W.2's response to this was that if he could locate somebody who could provide large quantities of heroin he should call P.W.2. To enable this to be done, P.W.2 gave Mohamed his residential telephone number. This was on or about October 6, 1981.

On October 7, 1981 P.W.2 received a telphone call from Mohamed telling him that a meeting had been arranged for October 8, 1981 at 4.00 p.m. at the Paramount Hotel, Penang, with a person who would be the source of the heroin, Understandably, Mohamed did not give that person's name.

Accordingly, on October 8, 1981 at 4.00 p.m., P.W.2 kept his appointment at the Paramount Hotel and, five minutes later, the accused made his appearance, introducing himself as Ah Seng. Also present was Mohamed who had come earlier. The accused spoke to Mohamed, partly in English and partly in some other language. He spoke to P.W.2 in broken English. The accused told P.W.2 that he was capable of "making heroin" and P.W.2's interpretation of this was that he was a chemist.

It was put to P.W.2 in cross-examination that the accused did not speak in English, broken or otherwise, but P.W.2 maintained that the accused did speak in English, though this was broken. It was also put to P.W.2 that the male Chinese he met at the Paramount Hotel was not the accused but a person called Tan Kam Seng but again P.W.2 maintained that it was the accused and that he had introduced himself as 'Ah Seng'.

To resume P.W.2's narrative of the events at the Paramount Hotel, after the usual introductions, the accused asked P.W.2 if he was interested in purchasing heroin. P.W.2 replied he was, whereupon the accused inquired as to the amount of heroin required to which P.W.2 replied "approximately ten pounds." The accused then said the price would be $12,000/- (Ringgit) per pound. P.W.2 enquired when the heroin would be available, adding that it would be several days before the money would be in hand and that he would have to leave Penang to get it. All the major terms of the proposed purchase were fixed at this meeting and Mohamed was to be paid his commission out of the proceeds of sale. Before the meeting broke up it was agreed that the accused would receive a telephone call as to what was to happen next.

On October 12, 1981 in the morning, P.W.2 did r