KUALA LUMPUR – The High Court today acquitted and discharged a couple of a drug trafficking charge involving over 1.6 kilograms of narcotics, ruling that the prosecution had failed to establish a prima facie case to warrant their defence.
Tan Kah Soon and Pattarathida Petcharanon, who were arrested on 9 November 2021, had been facing the death penalty under Section 39B of the Dangerous Drugs Act 1952.
They were accused of trafficking a substantial amount of methamphetamine and ketamine at a condominium unit in Taman Desa Petaling, Kuala Lumpur.
According to the charge, both were jointly accused of trafficking 561.6 grams of ketamine at around 10.50pm at Unit C-03-11, Amadesa Resort Condominium.
The offence, classified under Section 39B(1)(a) of the Dangerous Drugs Act and punishable under Section 39B(2), read together with Section 34 of the Penal Code, carries the mandatory death sentence or life imprisonment and not less than 15 strokes of the cane if convicted.
Police investigations led to the discovery of three separate quantities of drugs: 875 grams and 354 grams of methamphetamine, and 380 grams of ketamine all seized from the premises on the night of the arrest.
The total haul exceeded 1.6 kilograms in weight, prompting charges under one of the most serious provisions of Malaysian drug laws.
However, in delivering his ruling, High Court Judge K Muniandy found that the prosecution’s case was marred by critical weaknesses, particularly in the handling and documentation of the seized substances.
“The court finds that the evidence presented, especially relating to the chain of custody and the handling of drug exhibits, was flawed.
“The unexplained delay between the seizure and the submission for laboratory analysis raises reasonable doubt about the identity and integrity of the drugs in question,” he said.
He further noted that in capital cases such as this, where the stakes involve the death penalty, the standard of proof is exceptionally high, and every link in the prosecution’s case must be beyond reproach.
“Any failure to safeguard the chain of custody or to produce clear and consistent scientific evidence is fatal to the prosecution’s case.
“Here, the prosecution has not proven the charges beyond a reasonable doubt,” the judge added.
Defence counsel Sivahnanthan Ragava, who represented both accused, argued that the prosecution had failed to provide credible forensic and documentary evidence to prove that the narcotics found were directly connected to his clients.
He also highlighted inconsistencies in the handling of exhibits, casting further doubt on the reliability of the prosecution’s case.
Tan and Pattarathida, both of whom had been held in custody since their arrest nearly four years ago, broke down in tears upon hearing the verdict.
The decision today means both are now fully acquitted and discharged, without their defence being called. -MalayaDailyToday
