[1] The applicant (in this judgment will be referred to as the accused) was charged for trafficking of drug under s 39B(2)^[1] of the Dangerous Drugs Act 1952 ('DDA') which carries the death penalty. He was found guilty by the High Court. The conviction and sentence were later set aside and substituted with a conviction for the offence of possession of drugs and the accused was sentenced to 15 years imprisonment and ten lashes of the rotan under s 39A(2)^[2] by the Court of Appeal. Afterwards, the Public Prosecutor appealed to the Federal Court. The Federal Court reversed the decision of the Court of Appeal and reinstated the decision of the High Court.

[2] In seeking for his conviction to be reviewed pursuant to powers under r 137^[3] of the Rules of the Federal 1995, the accused has two complaints He does so on the grounds that:

a) The Federal Court had erroneously relied on the oral confession of the accused when the prosecution had clearly indicated to the Federal Court that it was not relying on that oral confession; and

b) That during trial at the High Court, the prosecution did not in any way indicate, that it was relying on s 27(1) of the Evidence Act 1950 ('Ev