JUDGMENT

Zakaria Sam JCA:

The Charge

[1] The appellant (the 1st accused in the High Court) was originally charged and jointly tried with another accused (Hyde Anatune - in case number 45A-165-2010) in the High Court of Shah Alam for the following charge:

'Bahawa kamu, bersama-sama pada 21 Mac 2010, jam lebih kurang 7.00 pagi, di kawasan Pintu 4, Aras 5, MTB KLIA, di dalam Daerah Sepang, di dalam Negeri Selangor Darul Ehsan, untuk mencapai niat bersama sebagaimana ditakrifkan di bawah s 34 Kanun Keseksaan telah memperedarkan dadah berbahaya sejumlah berat 581.8 gram (iaitu Heroin sejumlah 520 gram dan Monoacetylmorphines sejumlah berat 61.8 gram), oleh yang demikian kamu telah melakukan suatu kesalahan di bawah s 39B(1) Akta Dadah Berbahaya dan boleh dihukum di bawah s 39B(2) Akta yang sama dan dibaca bersama s 34 Kanun Keseksaan.'

[2] At the close of the prosecution case, Hyde Anatune was acquitted and discharged. The prosecution did not appeal on his acquittal. On the other hand, the appellant was ordered to enter her defence on the original charge. At the close of the case, the trial judge had convicted and sentenced her to death.

[3] It is against the said decision the appellant is now appealing.

Prosecution Case

[4] On 21 March 2010, Chief Insp Zamri Razak (SP4) and 7 other personnel conducted an observation at Aras 5, Bangunan MTB KLIA Sepang, to supervise departure flight passengers.

[5] At about 7.00 am, SP4 noticed the appellant was walking towards the entrance of Gate 4, Level 5 MTB Building KLIA, Sepang. She had a brown bag slung on her left shoulder and a yellow plastic bag (P19) on her right hand.

[6] Immediately after the appellant passed through Gate 4, SP4 approached her and introduced himself as a police officer and displayed his authority card to her.

[7] SP4 inspected the appellant's passport which revealed that the appellant is a citizen of Republic of China. The appellant together with the bags were then brought to the police booth at level 5 where SP4 made further inspection on both her bags.

[8] Nothing incriminating was found in her brown bag. However, the examination of bag P19 revealed another black colour bag (P4) which was kept inside P19.

[9] On inspection of bag P4, it was found to be filled with clothes. Having emptied of its contents, SP4 noticed the bag P4 was suspiciously heavier than usual. Further examination revealed that the side wall of the bag were thicker than usual. The stitches were also thicker and different from the other stitches.

[10] On being suspicious of the condition of the bag P4, SP4 then unstitched the thicker thread and found a package which was wrapped in a carbon paper and tied with the cellophane tape. SP4 pierced a hole on the said package and found it to contain substance suspected to be drugs.

[11] The appellant was escorted to the Narcotics office at Aras 3, KLIA. After seizing the drugs, SP4 lodged a police report of the arrest and seizure. SP4 then marked the exhibits seized and prepared a Search List (P15).

[12] SP4 handed over the appellant, the seized items together with the Search List to the investigating officer, Insp Haryati Zahiruddin (SP5).

[13] On 31 March 2010, SP5 sent the substances suspected to be drugs to the chemist, Puan Maimonah Sulaiman (SP2), who upon analysis confirmed them to be 520 grams of Heroin and 61.8 grams of Monoacetylmorphines, dangerous drugs listed in the First Schedule of the Dangerous Drugs Act (the Act).

[14] Hyde Anatune was arrested together with Hasni Marwiyah Hussain (SP1) by SP7 on 28 March 2010 at about 5.00 am at a house No. D- 3-5, Jalan Metro Perdana 2, Taman Usahawan, Kepong, Kuala Lumpur.

[15] SP1 said that Hyde Anatune instructed her to book a room at Smart Hotel in Kepong for the appellant to stay on 20 March 2010. SP1 also said that the bag P14 was bought by Hyde Anatune together with her. Later she handed over the bag to the appellant on the instructions of Hyde Anatune at midnight of 20 March 2010 at Smart Hotel in Kepong.

Finding At