Criminal Law

Court upholds Death Sentence on Chinese National for Drug Trafficking

Date: 28 January 2019; Type: Legal News; Source: Bernama

PUTRAJAYA, Jan 28 (Bernama) - The Court of Appeal here today upheld the death sentence of a Chinese national who was convicted for trafficking in 4,401.5 grammes of methamphetamine at the Senai International Airport in Johor in 2014.

A three-man panel comprising Justices Datuk Wira Mohtarudin Baki, Datuk Rhodzariah Bujang dan Datuk Mohamad Zabidin Mohd Diah unanimously dismissed Luo Dan's appeal against her conviction and death sentence.

"We find there is no merits in the appeal. There are overwhelming evidence (against her). No appealable error by the High Court judge," said Justice Mohtarudin who chaired the panel.

He said the court found Luo's conviction was safe and therefor, upheld the decision of the Johor Baru High Court on Dec 21, 2017, in finding her guilty on the drug trafficking charge and sentenced her to death.

"You have another round of appeal at the Federal Court, We wish you luck," Justice Mohtarudin told the 30-year-old Luo, who is from Wuhan, China.

Luo, who worked as a water meter reader, was charged with trafficking in the drugs at the special passenger inspection unit at Senai airport at 9.40 pm on Oct 26, 2014.

According to the facts of the case, the drugs were found hidden at the back portion of the heels of five pairs of women's shoes and the based of the bag Luo was carrying.

Luo claimed that her African boyfriend had asked her to carry the bag containing clothing and shoes meant as a gift for a friend of his in Malaysia.

She claimed that the original plan was that she and her boyfriend travelled together to Malaysia and thereafter proceeded to Mauritius where they were to be married, but her boyfriend changed his mind at the last minute.

Earlier, Luo's lawyer, Lim Chi Chau submitted that it was a case of a lady who was in love with a wrong man, adding that Luo did check the bag, but did not find anything suspicious.

He said Luo had done what she could and her boyfriend told her she had no choice but to carry the bag, the mistake itself should not cause Luo her life.

Deputy public prosecutor Nik Syahril Nik Ab. Rahman argued that the defence of innocent carrier could not be applied in Luo's case as a result of wilful blindness.

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