PUTRAJAYA: A Nigerian, who was found with 99 capsules of methamphetamine in his stomach, had his death sentence affirmed by the Federal Court for trafficking the drugs nine years ago.
A three-member bench chaired by Chief Justice Tengku Maimum Tuan Mat said looking at the totality of the evidence, the conviction of Ikenna Emmanuel Chukwudulu, 48, is safe.
“The appeal is dismissed. The conviction and sentence is safe,” said Tengku Maimum, who sat with judges Abang Iskandar Abang Hashim and Mary Lim Thiam Suan.
The charge states that Chukwudulu trafficked 1,085gm of methamphetamine between 9.30am on June 15, 2012 and 10.55am the following day at the Ward 6C toilet at Serdang Hospital.
Facts revealed that a police party led by Inspector Gan Chee Ling conducted a body search and checked Chukwudulu’s bags upon his arrival at the Kuala Lumpur International Airport on June 14, 2012 but nothing was found.
An X-ray was conducted at the airport and some foreign objects were found in Chukwudulu’s stomach, leading to his arrest.
After passing motion, 99 capsules of drugs were recovered from Chukwudulu, who claimed he was a women’s clothings trader.
Court-assigned lawyer Sukaimi Mashud submitted that the conviction was unsafe because there was a break in the chain of evidence since no one was called to assist the chemist in analysing the weight of the drugs.
Deputy public prosecutor How May Ling replied that the chemist analysed seven samples of the drugs but during cross-examination she told the court it was eight samples.
“However, that in no way will drastically reduce the weight of the drugs found on the accused,” she said, adding that one was presumed a trafficker if in possession of 15gm of methamphetamine. - FMT
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