[2014] 5 MLRA
9.
Nachilongo Doreen
v. PP
401
The accused testified that her friends named Esther and David would
make arrangements to pay for her expenses and hotel bill or alternatively
she would stay in their house in Malaysia. The arrangement should have
been made earlier ... The story became more improbable as the accused
claimed that Esther and David would pay for her hotel bill, whilst they
were only students; and
10. Finally, if her intention was to secure a job in Malaysia failing
which she would enroll in college, why would she have a return
ticket for 1 February 2010 (P16D).”
[16] On the possibility that somebody could have planted the drugs in bag P17
during the eight hours gap, the learned trial judge made the following finding:
“1. ...
2.
There is nothing in the Immigration system to suggest that the accused
could be detained for eight hours by the Immigration as she was not
blacklisted from entering this country and there were no problems with
her passport and e-ticket;
3.
... There is no reason as to why the prosecution witnesses or anybody
should go all out to fix the accused merely to get the accused convicted.
What would they gain by getting an innocent visitor to the country
(assuming the accused’s story were to be believed) charged and if
convicted hung for drug trafficking? What could be the motive? ...
4.
Furthermore the drugs were hidden under “pelapik-pelapik yang
dilekatkan dengan gam yang kuat.” If somebody wanted to fix the
accused, they could just easily put the drugs on top of the other items
in the bag. There was no necessity to place the drugs well hidden/
concealed at the base of the bag;
5.
Even after she was arrested, the accused never made an attempt to
inform the police with regards to her father or her friends, Natasha,
Esther and David. If the accused was telling the truth, she would have
immediately told the police about these people in order to assist in the
police investigations and to prove that she is innocent.”
[17] Having found that the appellant’s defence had not raised a reasonable
doubt on the prosecution’s case, the learned trial judge convicted and sentenced
the appellant to death. Hence the appeal.
The Appeal
[18] Before us, learned counsel for the appellant raised the following issues:
(i) that there was a break in the chain of evidence; and
(ii) that at the end of the case, the learned trial judge had applied the
wrong standard of proof.
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