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Hamidah gave evidence that she had checked the Black Luggage for drugs when Ilechukwu handed it to her, as advised by her Nigerian fiancé, Simwuba Samuel (“Samuel”).
It was also revealed during the trial that she had previously delivered a luggage, said to contain “traditional Nigerian clothes”, to Bengoodman in Malaysia ( below).
It was also strange that Bengoodman had made his second request in the wee hours of the morning and refused to tell Hamidah what was the item that she was supposed to collect (− above).
As for the third request, Hamidah decided not to use her real name but chose to use her alias, “Maria”.
Hamidah’s evidence was that she had also checked the contents of the luggage for drugs on that occasion.
This would be inconsistent with Hamidah’s case that she had trusted Bengoodman and genuinely believed that he would not have used her to transport drugs.
So he gave me the telephone number and the hotel the person is staying. [emphasis added]22 Later, while Hamidah was explaining why she did not eventually meet up with Hajia, she said that:. [emphasis added]23 There were clear indications that Bengoodman’s requests were not simple deliveries.
Hamidah, on her own evidence, asked to check the luggage in the first delivery for drugs ( above).
Rather, the evidence showed that Hamidah was suspicious of Bengoodman on the occasions that she helped him.24 On 13 November 2011, Bengoodman made his fourth and final request.
However, the alleged debt was not mentioned in her statements.
Instead, she stated on two occasions that Bengoodman had promised her RM1000 for the delivery.27 Hamidah was cross-examined by the prosecution on this point, and was referred to her SMS message to Bengoodman dated 11 November 2011 ( above). all the money tat you gv is for my debt not tat i use to enjoy myself ...28 Hamidah agreed that the SMS message showed that Bengoodman was giving her money but she explained that: Yes, because he owed ---he owed me.
The analysis revealed that A1 contained not less than 980.2g of methamphetamine and A2 contained not less than 983.1g of methamphetamine, adding to a total of not less than 1963.3g of methamphetamine (“the Drugs”).7 Hamidah did not dispute that she was, at the time of her arrest, in control and possession of the Black Luggage in which the Drugs were found.
However, she denied knowledge of the Drugs in the Black Luggage. Since Hamidah and Ilechukwu had the Black Luggage in their possession at the material time, by virtue of s 18(1)() of the MDA, the Drugs were presumed to have been in their possession at those times.