Skip to main content

Malaysia grants reprieve to Australian 'love scam' drug mule

Maria Elvira Pinto Exposto
An Australian woman given the death penalty in Malaysia for drug smuggling has had the sentence overturned.

Maria Elvira Pinto Exposto, 55, was arrested at a Kuala Lumpur airport in 2014 after she was found carrying 1.1kg (2.4lbs) of crystal methamphetamine.

She has always maintained she was tricked into carrying the drugs after falling for an online romance scam.

Malaysia's highest court has now accepted her appeal and she is expected to be released soon.

'An eye opener for judges'


Ms Exposto has always said she believed she had developed a genuine online relationship with a US soldier serving in Afghanistan, who she knew as Capt Daniel Smith. She received regular photos, videos and emails, which were in reality being sent by fraudsters.

She said that in 2014 she was instructed to go to Shanghai, to sign papers which would enable them to get married. When she left China, a friend of "Capt Smith" asked her to take some Christmas presents back to Australia.

She was transiting through Kuala Lumpur when she handed over her bag for screening and customs officials found the drugs sewn into the lining of her luggage.

Her defence has always insisted a knowingly guilty person would never have volunteered for screening.

After three years in prison, she was found not guilty of drug trafficking in December 2017, with the court accepting her argument that she had been unaware of the presence of drugs in her luggage.

That was later overturned and she was sentenced to death. She spent 18 months on death row before the Federal Court in Putrajaya accepted her appeal on Tuesday.


"The appeal is allowed. The appellant is freed and discharged," said chief justice Tengku Maimun Tuan Mat.

Her lawyer, Shafee Abdullah, told reporters at the court the ruling would have "a high impact".

"It will be an eye opener for judges... This is an illustration, how an innocent woman can be scammed on the internet," Reuters quoted him as saying. 


Anyone found in possession of at least 50g (1.75oz) of crystal meth is considered a trafficker in Malaysia.

Three Australians have been put to death for drug offences in Malaysia: Kevin Barlow and Brian Chambers in 1986, and Michael McAuliffe in 1993.

Malaysia is currently not carrying out any executions, while it debates scrapping mandatory death sentences for certain crimes altogether.

Source: bbc.com, Staff, November 26, 2019


Sydney woman Maria Exposto has drug conviction and death sentence overturned in Malaysia


Exposto was initially found to be an unwitting drug mule, but prosecutors appealed and she was sentenced to death last year

Sydney grandmother Maria Elvira Pinto Exposto has won her appeal against a death sentence for drug trafficking in Malaysia and will be freed after nearly 5 years in jail and 18 months on death row.

Her appeal for trafficking more than 1kg of crystal methamphetamine, also known as ice, through Kuala Lumpur airport in December 2014, was heard in Malaysia’s court of final appeal on Tuesday.

Chief justice of Malaysia Tengku Maimun Binti Tuan Mat delivered the finding, overturning her conviction and ordering her release. Exposto was led from the court still shackled.

Exposto’s long-running case had won global sympathy after judges heard how she was set up through a love scam online.

The 55-year-old grandmother from Cabramatta West in Sydney was initially found not guilty in a lower court after it heard how she was set up in an online boyfriend scam by a man who identified himself as “Captain Daniel Smith”, a US soldier stationed in Afghanistan.

They arranged to meet in Shanghai, where he claimed he was to lodge documents for his retirement from the military, but he never turned up.

Instead, Exposto was befriended by a stranger. She testified that he had asked her to take a black backpack, which she thought contained only clothes, to Melbourne.

During a stopover in Kuala Lumpur customs officers noticed irregular stitching inside the backpack and found packages of ice hidden inside the lining of the bag.

She was charged, and while the lower court initially believed she had been an unwitting drug mule, prosecutors appealed and won and she was sentenced to death early last year.

Her final appeal against that sentence had been complicated by changes in laws governing executions.

There is currently a moratorium on the use of the death penalty in Malaysia as legislation is pending that will remove mandatory death penalties for traffickers and give judges greater discretion in sentencing.

Exposto’s lawyer Muhammad Shafee Abdullah told the court of final appeal on Tuesday that his client was so naive about drugs that when customs officers told her they’d found ice in the bag she was carrying she said it couldn’t be because “it would have melted”. He’d earlier described her conviction as “perverse”.

But prosecutors argued “love sickness” was not a defence for drug trafficking and she could not appeal to naiveté. “Ignorance is not a defence.”

Following the quashing of her conviction, Exposto said in a statement: “I thank God and my lawyers for my freedom after almost five painful years in jail”.

Her son, Hugo Pinto Exposto, told reporters outside court she had missed “a lot of precious moments”.

“It’ll be overwhelming for her to come back home. All I want to do is just take her home, take her away, and just catch her up on all the things she’s missed.”

Harsh and mandatory penalties for drug trafficking were introduced in south-east Asia after intense lobbying by the United States amid its war on drugs and a strategy to curb heroine and opium smuggling out of the notorious Golden Triangle in the 1970s and 1980s.

Among those caught in the crackdown on narcotics were Australian drug traffickers Kevin Barlow and Brian Chambers, who became the 1st westerners sent to the Malaysian gallows, in 1986.

Source: The Guardian, Staff, November 26, 2019


Australian wins death sentence appeal in Malaysia, walks free


An Australian grandmother who claimed she was tricked into carrying drugs into Malaysia after falling for an online romance scam Tuesday won her final appeal against the death penalty and will be freed.

Maria Elvira Pinto Exposto, originally from the Philippines, was arrested in Dec 2014 while in transit at Kuala Lumpur International Airport with 1.1 kilos of crystal methamphetamine stitched into the compartment of a backpack she was carrying.

She was initially cleared of trafficking after a judge ruled in 2017 she did not know she was transporting the drugs, but the acquittal was overturned after prosecutors appealed and she was handed a death sentence.

Capital punishment is mandatory in Malaysia for anyone convicted of trafficking certain amounts of some controlled substances.

But the Federal Court in Putrajaya, the final court of appeal, overturned that decision and ordered her release.

“The appeal is allowed. The appellant is freed and discharged,” said chief justice Tengku Maimun Tuan Mat.

The mother of 4, who was stopped in Malaysia while heading to Australia, had claimed she was fooled into carrying the bag after travelling to China to see someone she met online called “Captain Daniel Smith“, who claimed to be a US serviceman.

Source: New Straits Times, Staff, November 26, 2019


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Texas | Death Row Inmate Gets Resentenced to Life

Harris County district judge recommends compassionate release for Clarence Jordan A 1977 convenience store robbery that resulted in a clerk’s death landed Clarence Jordan on Texas Death Row, where he remained for decades even though he was declared incompetent for execution. On Monday, a judge recommended that the disabled man be released.  Harris County District Court Judge Katherine Thomas resentenced Jordan to life with the possibility of parole and suggested that he be considered for the Texas Department of Criminal Justice’s Medically Recommended Intensive Supervision program, also known as compassionate release.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.