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)

South Carolina | Inmate who believes he’s died repeatedly can’t be executed, judge rules

SPARTANBURG — A 59-year-old man sentenced to death for killing a state trooper in Greenville County in 2000 can’t be executed because of a mental illness that’s left him incoherent and believing he’s immortal, a Circuit Court judge has ruled. John Richard Wood is the first condemned inmate in South Carolina found not competent to be executed since the state restarted capital punishment in September 2024. The seven executions since then include three men who chose to die by firing squad — the latest in November. Wood, convicted 24 years ago, was among death row inmates in line to receive a death warrant after exhausting their regular appeals.

Idaho eyes restart of death row executions as firing squad draws near

BOISE, Idaho — Idaho’s prison system has nearly completed execution chamber upgrades to carry out the death penalty by firing squad as the state’s lead method and will have a team of riflemen ready to go by the time a state law takes effect this summer. As part of the transition, the Idaho Department of Correction hopes to limit participation by its officers as the shooting of condemned people in prison to death is prioritized over lethal injection. Toward that effort, prisoner leadership sought to implement a push-button technology to avoid needing IDOC workers to pull the triggers.

Florida executes James Ernest Hitchcock

STARKE, Fla. (AP) — A Florida man convicted of beating and choking his brother’s 13-year-old stepdaughter to death nearly 50 years ago was executed Thursday evening. James Ernest Hitchcock, 70, was pronounced dead at 6:12 p.m. following a lethal injection at Florida State Prison near Starke. He was convicted of the July 1976 killing of Cynthia Driggers. The curtain to the death chamber opened promptly at the 6 p.m. execution time. Hitchcock’s entire body was covered in a sheet up to his head. He stared at the ceiling as the team warden made a call, then gave his final statement.

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...

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.