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JUDGMENT
Azahar Mohamed JCA:
[1] In the High Court, the second accused, Rahmani Ali Mohamad ("the appellant") was charged and tried together with the first accused, one Ashrafi Ebrahim Hamdollah ("Ebrahim") for the common intention of trafficking in 14,654g of methamphetamine, an offence in contravention of
[2] The offence was said to have been committed on 6 June 2009 at around 4.15pm at kaunter pemeriksaan kastam A, Unit Khas Pemeriksaan Penumpang 1, arrival hall of the main terminal, Kuala Lumpur International Airport ("KLIA"). It was the case of the prosecution that the appellant and Ebrahim were in physical custody and control of two bags, which were later found to contain the impugned drugs.
[3] As it turned out, at the close of the prosecution case, Ebrahim was acquitted of the trafficking charge by learned High Court Judge without his defence being called. No appeal has been filed by the prosecution against that decision.
[4] However, learned High Court Judge came to a finding that the prosecution had made out a prima facie case against the appellant and therefore called upon him to enter his defence. At the conclusion of the case, the appellant was found guilty by learned High Court Judge. The appellant was convicted of the trafficking charge and was sentenced to death. The appellant then appealed to this Court. We heard his appeal and we unanimously allowed it. We now give our reasons.
[5] The essential prosecution evidence adduced at the trial, which learned High Court Judge held made out a prima facie case against the appellant is as follows. At the material time and place, two customs officers namely, Nor Azlina bt Zainal Abidin ("PW5") and Lim Yii Chan ("PW6") while on duty at the Bahagian Pemeriksaan Penumpang KLIA had seen Ebrahim and the appellant heading out from carousal A pulling one bag each. PW5 called Ebrahim and the appellant and asked them to scan their bags. Ebrahim was seen pulling bag P19B while the appellant was seen pulling bag P19A.
[6] Upon conducting a scan, PW5 noticed that there was a green image from both P19A and P19B. PW5 then asked PW6 to conduct a physical examination on P19A and P19B. PW6 instructed Ebrahim to open P19B. At that moment, Ebrahim signalled and pointed to the appellant. PW6 then instructed the appellant to open both the bags. After the bags were opened by the appellant, PW6 noticed that the bags had a "compartment". It was at this time, PW5 instructed PW6 to refer the matter to their immediate supervisor, Tiew Hai Kin ("PW7"). PW7 then asked PW5 and PW6 to bring Ebrahim and the appellant together with P19A and P19B to his office. Subsequently PW7 contacted Cawangan Narkotik Kastam Diraja Malaysia. The investigating officer, Samsuri bin Ibrahim ("PW8") then arrived at PW7's office. Upon examination, PW7 found both the bags to contain a total of four plastic bags filled with drugs. The drugs were found in sealed compartment in the two bags.
[7] The four plastic bags were later sent to the chemistry department for chemical examination and analysis. The chemist, Hjh Shadiah bt Mohamad ("PW1") confirmed that the four plastic bags contained a total of 14,654g of methamphetamine.
[8] On being called to make his defence, the appellant elected to give evidence under oath. The gist of his evidence is well summarised by learned High Court Judge in his judgment as follows:
Pembelaan OKT2/Perayu datang dari Iran untuk melancong ke Malaysia bersama OKT1 atas tajaan rakan beliau bernama Mohsein. OKT2/Perayu hanya membawa beg galas P30 mengandungi sedikit pakaian sahaja, begitu juga OKT1 membawa beg galas P29.
Urusan daftar masuk di Lapangan Terbang Tehran dilakukan oleh Mohsein, Amir dan Mirza Sadeghi. Apabila tiba di KLIA, "Mirza Sadeghi" memberitahu bahawa beliau a
