JUDGMENT

Ahmadi Asnawi JCA:

[1] This is the appellant's appeal against his conviction and the death sentence meted out against him by the Court below in respect of the following offence:

"Bahawa kamu pada 3 November 2011, jam lebih kurang 8.00 malam di Cawangan Pemeriksaan Penumpang 1 (CPP1), Balai Ketibaan Antarabangsa, Terminal Utama Lapangan Terbang Antarabangsa Kuala Lumpur (KLIA), di dalam Daerah Sepang, dalam Negeri Selangor Darul Ehsan, telah mengedar dadah berbahaya iaitu Methamphetamine seberat 404.5 gram dan dengan itu kamu telah melakukan satu kesalahan di bawah s 39B(1)(a) Akta Dadah Berbahaya 1952, yang boleh dihukum di bawah s 39B(2) Akta yang sama".

[2] We heard the appellant's appeal and dismissed the same upon the grounds enumerated below.

The Case For The Prosecution

[3] The appellant, a Nigerian national who had arrived at Kuala Lumpur International Airport (KLIA) at about 7.00 pm on 3 November 2011, had his luggage exh P8 ( with rollers on it) thoroughly examined by Customs officers led by SP-8 (Pegawai Kastam Tinggi, Raja Mahat bin Raja Ibrahim) when the said luggage upon being scanned, showed suspicious images. The photographs of the said luggage are at pp 34 to 38 of Jilid 3, Rekod Rayuan ('RR').

[4] SP-7 (Pegawai Kastam Muhammad Lukman bin Mahat) was instructed by SP-8 to assist him in the investigation of the said luggage. SP-7 testified, at p 13, Jilid 2, RR:

"Seterusnya Pegawai Kastam Kanan Raja Mahat telah meminta saya membantu beliau untuk membuat pembongkaran bagasi tersebut. Hasil pembongkaran tersebut terdapat bungkusan yang dibalut dengan pita pelekat warna coklat yang disorokkan di bahagian pelapik roda bagasi dan terdapat serbuk kristal warna perang yang dijumpai di batang besi penarik beg tersebut. Yang saya maksudkan adalah di bahagian pelapik roda dan di bahagian sisi bagasi". (Emphasis ours)

[5] The substance recovered from the bahagian pelapik roda bagasi was marked C4(1) (exh P10E), while the substance from the batang besi penarik beg was marked C5(1) (exh P10C). SP-8 made the said markings on the exhibits.

[6] The chemist, SP-5 (Puan Suhana binti Ismail) found the substance in the packets marked C4(1) and C5(1) to contain 307.3 and 97.2 grammes of Methamphetamine respectively, a drug listed in the First Schedule of the Dangerous Drugs Act, 1952 ('the DDA'). The total weight of the said drugs amounted to 404.5 grammes. Her report is exh P25, as shown (or stated) at pp 77 to 79 of Jilid 3, RR.

[7] At the end of the prosecution's case, the learned trial judge was satisfied that the prosecution had indeed established a prima facie case against the appellant on account that all the ingredients of trafficking in the said drugs had been proven. Hence, the appellant was ordered to enter his defence.

The Defence Of The Appellant

[8] The appellant had testified on oath.

[9] The appellant testified that he is a Nigerian national and was in the business of buying and selling clothes. And, in the course of his vocation, he had travelled overseas regularly to source for quality but cheap materials.

[10] This was his fourth trip to Malaysia to source for quality clothes for resale back in Nigeria. However, on this occasion he was rather busy and had sought the assistance of his friend, one Namdi, to buy him a luggage for the trip which Namdi did.

[11] The appellant confirmed that the luggage exh P8 was the luggage that was purchased on his behalf and handed to him by Namdi. Nevertheless, the appellant contended that he had no knowledge that the said luggage contained drugs. He also said that when he received the luggage from Namdi, the luggage appeared normal and there is nothing remarkably suspicious about the luggage. He knew that it is a grave offence to peddle or carry drugs into Malaysia. Finally, he denied that he was a drug trafficker.

[12] At the end of the trial, the learned trial judge found that the defence posited by the appellant to be nothing more than a bare denial and was equal