A three-member bench chaired by Justice Hadhariah Syed Ismail said the convictions handed down on escalator machine operator Khairul Azwan Zakaria, 37 and debt collector Bhahira Fakri, 43, were safe.

“The failure to call the car owner to give evidence did not create a gap in the prosecution’s case as the DNA of the appellants (Khairul and Bhahira) was found on clothes in the vehicle’s boot,” she said when dismissing their appeals.

Hadhariah, who sat with Justices Azmi Ariffin and Noorin Badaruddin, said evidence revealed that the two had access to the vehicle. She also said the drugs were not concealed.

The judge said the duo had attempted to escape during the police operation, which suggested that they had knowledge of the drugs.

Further, she said there was no break in the chain of evidence as the duo had custody of the car for two days.

Last year, the High Court found the duo guilty of trafficking 9.6kg of heroin and 115gm of monoacetylmorphine at a parking space along Jalan Dutamas, Kuala Lumpur at about 11.40pm on June 20, 2019.

Under Section 39B(2) of the Dangerous Drugs Act 1952, the court is empowered to impose the death penalty or a maximum of 30-year jail term.

Since the two were below 50 years of age, the trial judge also ordered that they be caned 15 times each. The provision calls for a minimum of 12 and a maximum of 24 lashings upon conviction.

The facts of the case revealed that policemen in plainclothes went to the scene based on information obtained. The duo immediately jumped out of the car in an attempt to escape but were arrested.

Deputy public prosecutors Fuad Aziz and Ng Siew Wee represented the prosecution. Lawyers Hisyam Teh Poh Teik, Low Wei Loke and Kee Wei Lon appeared for Khairul, while Bhahira was represented by Hafizuddin Salehuddin.