Serious questions have been raised over the role played by police in the arrest of a Perth man accused of drug trafficking in Malaysia.
Dominic Bird has pleaded not guilty to two charges, including one in relation to the alleged supply of a large quantity of methamphetamine, which carries a mandatory death penalty.
The 32-year-old was arrested in a police sting on March 1 at a cafe in central Kuala Lumpur, near his apartment.
He was arrested as he allegedly handed over a package containing 167 grams of methamphetamine to an undercover police officer, who had been posing as a drug dealer.
But questions have been raised about the actions of the undercover police officer, Inspector Luther Nurjib, who by his own testimony revealed that he sought Mr Bird out and pressured the West Australian over a two-week period into making a deal.
Mr Bird’s lawyer, Muhammad Shafee Abdullah, plans to attack Insp Nurjib’s credibility when he cross-examines him on Friday, saying his testimony “has got serious flaws”.
“What he has testified is really shocking,” Mr Shafee said outside the Kuala Lumpur High Court on Wednesday.
“It will have a direct bearing on the outcome of the case.”
There are also questions about a mysterious informant, who put Insp Nurjib in contact with Mr Bird.
Insp Nurjib has already testified that while posing as a drug dealer, he asked Mr Bird to supply 250 grams of methamphetamine.
Mr Bird allegedly initially supplied a sample of five grams, well under the 50 grams level that carries a mandatory death penalty.
“The question is whether ... (police acted) unfairly to make him commit a bigger offence,” Mr Shafee said.
“We do not know what the informant said to him (Mr Bird). He may not have been keen to do anything.”
The criticism of Insp Nurjib’s actions comes after forensic analysis work carried out by police following Mr Bird’s arrest was brought into question earlier in the week.
Under Malaysian law, the police were required to test a minimum of 10 per cent of the drugs in order to establish quality and quantity.
The police forensics officer who carried out the test admitted to the court on Monday that just 0.07 per cent of the drugs were tested.
The trial continues.