An old Australian woman was sentenced to death for drug smuggling, but said she had been tricked by a male netizen. Maria Elvira Pinto Exposto, 54, from Sydney, planned to fly to Melbourne in 2014 when her luggage was found to contain methamphetamine.
Exposto, with four children and a grandmother, met an online American soldier in Shanghai. She was asked to take a bag full of clothes, but she didn`t know it contained 1.5kg of methamphetamine.
She was initially acquitted, but on Thursday the appeals court overturned her decision and sentenced her to death.
Tania Scivetti, Exposto`s lawyer, said the three judges of the Court of Appeal considered the prosecution`s appeal to be considered, although there was no justification for it.
Exposto, though shocked, was calm, she said.
"it`s disappointing that there`s clear evidence that she`s the victim of a cyber love scam," Scivetti said. "she`s just a drug mule." She added that they had appealed to Malaysia`s Supreme Court.
Anyone carrying more than 50 grams of prohibited drug will be sentenced to mandatory death penalty if convicted.
On appeal, the prosecution argued that Exposto had deliberately turned a blind eye, that her defence was fabricated and that she was involved in a "cunning game."
After being acquitted in December, Scivetti said Exposto was immediately arrested by immigration officials because his visa expired.
After the prosecution appealed, she was still detained because she could not afford bail.
After court`s sentence, Exposto was handcuffed and appeased by her lawyer and Australian embassy officials.
In 2014, when she flew from Shanghai to Melbourne and transferred at Kuala Lumpur Airport, her luggage was found to contain drug and she claimed to have been framed.
Exposto`s lawyer, Muhammad Shafee Abdullah, told her that Thursday`s verdict was only a temporary setback and that he would appeal again. "you will win, you will be released," he said.
He is due to file a new appeal in federal court on Friday, saying "this is the most shocking decision in history."
"this is a wrong judgment, and there is no reason for it. The High Court judges examined every detail of the evidence, and in today`s decision they overturned it for no reason and sentenced her to death. "
He also said the case could become politicized given the return of former Prime Minister Mahathir Mohamad to Malaysian politics. In 1986, Australian drug lords Kevin Barlow and Brian Chambers were sentenced to hang while Mohamad was the leader of Malaysia, and relations between the two countries began to deteriorate.
Lawyer Shafee says this is dangerous because Mohamad still has a special view of Australia.
In a statement late Thursday, Foreign Minister Bi Xiaopu said Australia was opposed to imposing the death penalty on all under any circumstances.
After overturning Exposto`s acquittal and death sentence, the Australian Foreign Ministry will continue to provide her with full consular assistance, she said.
