David Chell's appeal could take many years

A British nurse charged with drug smuggling in Malaysia has been sentenced to death by hanging. Father-of-two David Chell, 57, from Stoke-on-Trent, Staffordshire, was found guilty of possession of more than half a kilo of heroin. Mr Chell, who says the heroin was planted on him, is to appeal against the sentence.

A friend of the Chell family immediately called on the British Government to intervene.

But a Foreign Office spokeswoman said Britain would only intervene officially once the legal process, including any appeal, was over.

"It is for him to discuss with his lawyer whether he should appeal," she added.

"We oppose the death penalty and we would press the Malaysian authorities for the sentence to be commuted [if upheld at an appeal]."

'Set-up'

Mr Chell, a psychiatric nurse, was charged after an airport guard claimed to have discovered drugs on him as he prepared to board a flight to Australia in October 1998.

Customs officers at Penang Airport in northern Malaysia say they found the drugs in Mr Chell's underwear.

But Mr Chell said one of the security officers produced the bag of heroin from underneath a cushion in the airport examination room where he was taken.

Mr Chell denies all charges of carrying heroin

During his evidence at a court in Penang, Mr Chell said he had never had anything to do with heroin except as a professional nurse handling drug addiction. Stephen Jakobi, from the human rights organisation Fair Trials Abroad, said he had been monitoring Mr Chell's trial and was optimistic the appeal court in Malaysia would overturn the verdict.

"It is obvious it should have been thrown out, the prosecution case was flawed. Police log book statements were missing for one thing," he said.

"I am sure the Malaysian Appeal Court will have no problem with it. Malaysia doesn't have a bad reputation (with justice), only where there is a political angle involved and I don't see one in this case."

Shocked

Family friend Sarah Shaw said everyone connected with Mr Chell had been left devastated by the verdict.

"We just can't believe what has happened. David is a thoughtful, intelligent and generous human being," she said.

"This man is innocent. He should have been acquitted and be on his way back home today.

"We are looking to the government to intervene and rectify this dreadful mistake."

Mr Chell's appeal could take several years.

In 1986 Malaysia executed two Australians, Kevin Barlow and Brian Chambers, for drug trafficking.

Mr Chell was arrested in Penang

A British nurse on trial in Malaysia for heroin trafficking has said the charge against him is "scandalous". David Chell, 57, a psychiatric nurse from Stoke-on-Trent, faces the death penalty if convicted of drug smuggling.

Giving evidence, he told a court in the northern state of Penang he had never had anything to do with heroin except as a professional nurse handling drug addiction.

Customs officers say they found a bag of drugs in Mr Chell's underwear at Penang Airport in October 1998 as he was about to board a flight for Perth, Australia.

He was subsequently charged with trafficking in 190g of heroin.

But Mr Chell told the court the drugs were never found on his body.

He said one of the security officers had taken the pouch from underneath a cushion at a corner of the airport examination room where he was taken.

Mr Chell's lawyers say the case against him has been marred by contradictions and gaps.

Death sentence

According to the prosecution, Mr Chell had arrived in Malaysia overland from Thailand.

He has been remanded at a Penang prison since his arrest.

The prosecution and defence will make their closing submissions on 12 June.

If found guilty Mr Chell will be sentenced to death by hanging, but he will automatically have the right to appeal to two higher courts which his lawyers say could take several years.