FILIPINO TO HANG FOR TRAFFICKING COCAINE

PUTRAJAYA, Jan 28 (Bernama) -- A Filipino man was sent to the gallows after
the Federal Court here upheld his conviction and death sentence for trafficking
in 508.6gm of cocaine at the KL International Airport (KLIA) about eight years
ago.

Diana Nelson Tanoja, 55, was found guilty by the High Court in 2005 of
committing the offence at the baggage collection area at Carousel D, of the
airport at 7.45am on Aug 22, 2002. The Court of Appeal affirmed the decision in
2008.

Tanoja was detained for a random check on arrival from Amsterdam and upon
examining, police officers from the narcotics division discovered a whitish
powdery and lumpy substance, which the chemist later confirmed to be cocaine,
in the compartment of a briefcase he carried.

In his testimony, Tanoja said the drugs was meant for "Alahadjie" in Bangkok
from whom he would be receiving US$3,000 to US$4,000 upon delivery.

Court of Appeal president Alauddin Mohd Sheriff and Federal Court
judges Hashim Yusoff and Abdull Hamid Embong unanimously rejected
Tanoja's final appeal against his conviction and death sentence.

Alauddin, in his 19-page judgment, said there was no infirmity in the
trial judge findings of facts which required the Federal Court's interference.

Alauddin said there was no basis in the defence allegation that Tanoja's
rights were prejudiced because the trial judge had prejudged the issue
even before hearing submissions from Tanoja's counsel and the deputy public
prosecutor as the grounds of judgment were written on Jan 18, 2005, the same
date Tanoja entered his defence.

He accepted the Court of Appeal's findings that the date Jan 18, 2005,
printed in the grounds of judgment was a typing error.

He was of the view that both the counsel and prosecutor made their
submissions on Jan 26, 2005, with the trial judge handing down his decision
immediately after that.

He also said that it was not mandatory but only discretionary for the trial
judge to hear submissions at the end of the defence case before giving his
decision.

Alauddin said submission was not evidence and would not render a judgment
defective. Therefore a trial judge could, if he wanted to, decide without having
the need to hear submission from defence counsel.

The court also held that the trial judge was also right to admit Tanoja's
cautioned statement.

It disagreed with Tanoja's counsel's contention that the document
was inadmissable on the grounds that Tanoja did not understand the caution
administered as his rights and consequences of giving the statement were not
explained to him in Tagalog.

"In the cautioned statement, we observed that Tanoja chose to speak in the
English language when he was asked by the recording officer in which language
he would like to speak," Alauddin said.

Deputy public prosecutor Saiful Edris Zainuddin appeared for the prosecution
while Tanoja was represented by lawyers Sreekant Pillai and Paul Fernandez.

-- BERNAMA



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