Australian national Maria Pinto Exposto was charged in Malaysia with drug trafficking offences carrying the mandatory death penalty after drugs were discovered in her luggage upon arrival.

Ms Exposto’s defence presented expert evidence from Professor Dr Monica Whitty, a recognised authority on internet romance scams who has worked closely with law enforcement agencies including MI5, Scotland Yard, and the FBI. Professor Dr Whitty identified Ms Exposto as a victim of an internet romance scam and provided expert evidence on her state of mind, supporting the defence position that Ms Exposto had no knowledge of the drugs.

Ms Exposto was initially acquitted by the High Court. That acquittal was later overturned by the Court of Appeal. On final appeal, the Federal Court allowed Ms Exposto’s appeal and entered an acquittal. The Federal Court panel, chaired by Chief Justice Tengku Maimun Tuan Mat, accepted that Ms Exposto had been deceived through an internet romance scam and found that the prosecution had failed to establish the requisite element of knowledge.

Ms Exposto was represented by lawyer Tania Scivetti as part of her defence team.