BA-45A-20-03/2020
Case involving cocaine trafficking by a Brazilian national at KLIA airport. The accused was caught with 755.7 grams of cocaine hidden in a purple luggage bag, claiming to be an innocent carrier delivering clothes.
Background
The accused was arrested on August 23, 2019, at KLIA Terminal 1 during a customs inspection where cocaine was found hidden among clothes in his luggage.
Issues
- Whether the prosecution established a prima facie case
- Whether the accused was an innocent carrier
- Whether there was willful blindness on part of the accused
Holdings
- Prosecution successfully proved possession and knowledge
- Accused was not an innocent carrier based on circumstances
- Accused demonstrated willful blindness by not making proper inquiries
Reasoning
- Drugs were found in accused's bag which he had opportunity to inspect
- DNA evidence matched accused to the clothes in the bag
- Accused's story about being hired to deliver clothes was not credible
- No proper inquiries made despite suspicious circumstances
Significance
Clarifies application of willful blindness doctrine in drug trafficking cases
Judgment
Reasoning
The court found the accused guilty based on physical possession of drugs, rejection of innocent carrier defense, and application of willful blindness doctrine.
Main Findings
- Prosecution proved case beyond reasonable doubt
- Accused had custody and control of drugs
- Defense of innocent carrier rejected
- Willful blindness established
Orders Made
- Life imprisonment
- 12 strokes of whipping
Keywords
Case Details
Case ID: BA-45A-20-03/2020
Case Date: 8 November 2024
Case Status: concluded
Court Information
Court: High Court in Malaya at Shah Alam
Location: Shah Alam, Selangor
Type: High Court
Jurisdiction: Criminal
Presiding Judge
Name: Aslam b Zainuddin
Position: Judge
Parties
Public Prosecutor
Fabiano Costa Caravela
Legal Representatives
Case Information
Governing Laws:
- Dangerous Drugs Act 1952 Section 39B (1, 2)
Drug trafficking offenses - Criminal Procedure Code Section 180
Procedure after conclusion of case for prosecution - Dangerous Drugs (Amendment) Act 2017 Section 54
Punishment provisions - Abolition Of Mandatory Death Penalty Act 2023 Section 54
Amendment to whipping provisions
Key Events
Arrest at KLIA Terminal 1
Suspect intercepted during customs inspection
Chemical analysis conducted
Confirmed substance as cocaine
Case filed in High Court
Judgment delivered
Judgment
Date: 8 November 2024
Verdict: guilty
Reasoning:
Found guilty based on physical possession, rejection of innocent carrier defense, and application of willful blindness doctrine
Additional Information
Remarks:
Case involved significant discussion of willful blindness doctrine and innocent carrier defense in drug trafficking cases.