PUTRAJAYA: Two Iranian nationals and a local businessman escaped the gallows after the Federal Court here today acquitted and discharged them for trafficking 48.6 kg of methamphetamine.
They are J. Balakrishnan, 68, and Iranians Mohammad Abbasi Younes, 40, and Syedmohsen Namazikivaj Seyedreza, 34.
The panel comprising Federal Court judges Datuk Harmindar Singh Dhaliwal, Datuk Nordin Hassan and Datuk Abu Bakar Jais had allowed their appeals to overturn their convictions and sentences.
Justice Harmindar, who chaired the panel, said the court found it disconcerting that there was no record of which exhibits were marked, when they were marked, which prosecution witness they were tendered to and whether those exhibits were tendered in the presence of the trial judge.
“In the circumstances, we are constrained to hold that there has been a miscarriage of justice resulting in a mistrial,” he said.
Justice Harmindar also said that the panel found the convictions recorded by the High Court, and affirmed by the Court of Appeal, were unsafe.
He said the court was persuaded that the appeals should be decided solely on whether there was a break in the chain of evidence during the trial, although the defence had raised several other issues.
On Dec 6, 2019, the High Court in Penang sentenced the trio to death after convicting them of drug trafficking for manufacturing methamphetamine at a house at Taman Sri Rambai in Seberang Perai Tengah district at about 10.10 pm on Aug 20, 2015.
Their appeals were dismissed by the Court of Appeal on Jan 23, 2024.
A fourth accused, part-time cleaner, B. Lacheme Devi, 61, who was jointly charged, was acquitted by the High Court and the prosecution did not appeal.
Deputy public prosecutor Mohd Amril Johari appeared for the prosecution, while lawyers Muhammad Hasif Hassan, Affifuddin Ahmad Hafifi and A.Sahadeva represented Syedmohsen, Balakrishnan and Mohammad Abbasi, respectively.
