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)

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

Louisiana executes Jessie Hoffman Jr.

Louisiana used nitrogen gas Tuesday evening to execute a man convicted of murdering a woman in 1996, the 1st time the state has used the method, a lawyer for the condemned man said.  Jessie Hoffman Jr., 46, was put to death at the Louisiana State Penitentiary, defense lawyer Cecelia Kappel said in a statement. He was the 1st person executed in the state in 15 years, and his death marked the 5th use of the nitrogen gas method in the US, with all the rest in Alabama.  Hoffman was convicted of the murder of Mary "Molly" Elliott, a 28-year-old advertising executive. At the time of the crime, Hoffman was 18.

Texas Death Row chef who cook for hundreds of inmates explained why he refused to serve one last meal

Brian Price would earn the title after 11 years cooking for the condemned In the unlikely scenario that you ever find yourself on Death Row, approaching your final days as a condemned man, what would you request for your final meal? Would you push the boat out and request a full steal dinner or play it safe and opt for a classic dish such as pizza or a burger? For most of us it's something that we'll never have to think about, but for one man who spent over a decade working as a 'Death Row chef' encountering prisoner's final requests wasn't anything out of the ordinary.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Supreme Court rejects appeal from Texas death row inmate

WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from a Texas death row inmate whose bid for a new trial drew the support of the prosecutor’s office that originally put him on death row. The justices left in place a Texas appeals court ruling that upheld the murder conviction and death sentence for Areli Escobar, even though Escobar’s case is similar to that of an Oklahoma man, Richard Glossip, whose murder conviction the high court recently overturned.

Florida executes Edward James

Edward James received 3-drug lethal injection under death warrant signed in February by governor Ron DeSantis  A Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed on Thursday.  Edward James, 63, was pronounced dead at 8.15pm after receiving a 3-drug injection at Florida state prison outside Starke under a death warrant signed in February by Governor Ron DeSantis. The execution was the 2nd this year in Florida, which is planning a 3rd in April.