A three-man panel of judges from the Federal Court maintained an earlier conviction in March 1999 ruling that Msimanga Lesaly, 40, was guilty of trafficking in 686 grammes of heroin in northern Kedah state in 1997. Lesaly was caught with the drugs in a bag, after police stopped her and searched her belongings.

Lesaly, who had filed and lost an appeal in September 2004, had made a last-ditch legal attempt to escape the gallows in filing her final appeal in the Federal Court, the Malay-language Berita Harian daily reported. Now, only a royal pardon can commute her sentence.

Leasly’s lawyer has argued that the conviction was flawed as Lesaly was initially detained with another suspect, who was later released. He claimed that Lesaly did not know the contents of the bag, which she was allegedly carrying for somebody else.

Malaysia’s tough drug laws prescribe the mandatory death sentence by hanging for anyone caught smuggling in most types of drugs.

Judge Tan Sri Abdul Malek Ahmad

Widow fails in appeal to escape noose Tuesday, August 02 2005

In a unanimous decision, it confirmed the decision of the High Court which found Msimanga Lesaly, 40, guilty of trafficking in 686gm of heroin. Judge Tan Sri Abdul Malek Ahmad said there was no merit in Lesaly’s claim that the charge was defective. He also said the accused was not prejudiced just because the court did not inform her of her right to recall witnesses. Malek said after perusing the notes of evidence, it made no difference whether Lesaly’s cautioned statement was admitted.

"The trial judge made a quality finding. He found her in possession of the dadah and rightly presumed that she was trafficking," he said. Sitting with him were Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong and Federal judge Datuk Arifin Zakaria.

Lesaly, a mother of five, was calm when an interpreter informed her of the court’s decision. An officer with the Nigerian High Commission, Edwin E. Osa Imade, was seen consoling Lesaly before she was escorted by two women prison wardens.

On Dec 15, 1998, the High Court in Alor Star sentenced her to death while a 28-year-old South African businessman, Molefe Leisway Bokuvtso, who was jointly charged with her, walked out a free man without his defence being called.

Lesaly and Bokuvtso were charged with trafficking heroin at the Bukit Kayu Hitam Customs and Immigration checkpoint about 4.30pm on May 7, 1997. Facts revealed that Customs officials found the heroin tied to Lesaly’s waist and in the soles of her shoes.

Deputy public prosecutor Noorin Badaruddin said there was no miscarriage of justice by trial judge Datuk Hishamudin Mohd Yunus and the Court of Appeal was correct in affirming the decision. She said this was a direct case of trafficking as the drugs were found on her.

Earlier, D. Paramalingam, counsel for Lesaly, submitted that the cautioned statement, if admitted, would have revealed that Bokuvtso had used her as a trafficker. He later told reporters that Lesaly’s only chance now was to get a royal pardon.