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)

Oklahoma Sets November Execution Date for Air Force Veteran Jim Pavatt Amid Claims of Wrongful Conviction

OKLAHOMA CITY — The Oklahoma Court of Criminal Appeals has scheduled the execution of Air Force veteran and longtime death row prisoner Jim Pavatt for Nov. 12, as his attorneys continue to challenge his conviction and contend that prosecutors relied on false arguments, disputed forensic evidence and an alleged confession they later described as bogus. Pavatt, who served nearly 22 years in the Air Force and rose to the rank of master sergeant, was convicted and sentenced to death for the 2001 killing of Rob Andrew in Oklahoma City. His execution is scheduled for the day after Veterans Day.

Indiana high court sets Nov. 5 execution date for convicted child killer

The court’s decision came a little more than two months after Indiana Attorney General Todd Rokita asked the justices to schedule Weisheit’s execution. State attorneys argued Weisheit had exhausted his state and federal appeals, had no active stay of execution, and could lawfully be put to death. The inmate’s attorneys opposed setting a date, saying they needed more time to pursue available legal proceedings and possible executive clemency. The defense additionally pointed to public records that it said showed the Indiana Department of Correction lacked the drugs needed to conduct an execution and had no lawful source from which to obtain them.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Algeria's President orders Penal Code amendment to introduce death penalty with immediate execution

The president has raised the possibility that some of the fires may have been criminally set and ordered authorities to investigate their causes and identify those responsible. Algerian President Abdelmadjid Tebboune has ordered amendments to the country’s penal code to allow the death penalty to be carried out against people convicted of deliberately setting forest fires, after a wave of devastating blazes killed 12 people and caused extensive damage across the country.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Florida set to carry out 14th execution this year in the nation's busiest death chamber

MIAMI (AP) — A Florida man convicted of fatally shooting a 16-year-old girl who rejected his romantic advances and wounding two of her friends is set to be executed Tuesday in the first of three lethal injections scheduled this month in the state. Harold Gene Lucas, 74, is set to receive a three-drug injection at Florida State Prison near Starke starting at 6 p.m. He would be the 14th prisoner put to death this year in Florida, and Republican Gov. Ron DeSantis has already signed death warrants for two more executions set for later this September.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.