Former DPP suggests Malaysia allow drug mules to gain prosecution relief in exchange for credible info to help dismantle trafficking networks.
PETALING JAYA: The government should consider introducing a legal mechanism that allows drug mules to provide credible information on trafficking networks in exchange for relief from prosecution under the Dangerous Drugs Act (DDA), said a former deputy public prosecutor.
Senior lawyer Datuk C. Vignesh Kumar told theSun that the lack of such provisions hampers efforts to dismantle drug syndicates that operate through intermediaries and foreign recruits.
He said the issue was evident in a case decided by the Court of Appeal on Dec 11, in which the circumstances of a parcel delivery highlighted how traffickers conceal the real organisers behind multiple layers of the operation.
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“The masterminds still evade detection while mules are the ones charged.
“Individuals, mainly from poor backgrounds and countries, are being used as drug mules by organised syndicates. Arrests and prosecution are difficult as these syndicates are well-organised,” he said.
Vignesh pointed out that Malaysia’s current framework lacks any structured incentive for couriers to assist authorities with intelligence capable of tracing networks beyond street-level or courier-level intermediaries.
“Credible information from the couriers is what helps authorities trace and nab the real perpetrators behind these syndicates, and this could justify the government considering relief from prosecution for such whistleblowers,” he said.
Vignesh, who practices at Vignesh Kumar and Associates, said neighbouring Singapore provides a model through its Misuse of Drugs Act, which allows traffickers to receive a Certificate of Substantive Assistance if they provide information that meaningfully disrupts drug trafficking activities.
“Malaysia could enact a similar law, which encourages drug mules to give credible information in exchange for prosecution relief under Section 39B,” he said.
Section 39B criminalises the trafficking of dangerous drugs, carrying either the death penalty or life imprisonment, together with whipping for trafficking offences.
On Thursday, a three-judge panel in the Court of Appeal, led by Datuk Azman Abdullah with Datuk Seri Mohd Firuz Jaffril and Datuk Meor Hashimi Abdul Hamid, found that the trial judge had wrongly applied statutory presumptions under the DDA.
This resulted in prejudice to the appellant, identified as Ezeobi Arraha Ndubuisi, who had been charged with trafficking 428g of MDMA, also known as ecstasy.
The Appeals Court then ordered an acquittal and discharge, overturning the conviction, which carried a life sentence and 12 strokes of caning.
On June 1, 2021, Customs officers retrieved a suspicious parcel at the Pos Malaysia KLIA courier counter after receiving information about its contents.
The parcel originated from Germany and was addressed to an individual identified as Mohammad Abdu.
However, investigations did not focus on this person, and it is still unclear whether the name stated exists.
The courier delivery officer contacted the telephone number on the parcel label and acting on instructions from an unidentified woman, proceeded with Customs officers to deliver the package to Jalan Metro Perdana Barat in Kepong, Kuala Lumpur, at a roadside location opposite Aeon Big Kepong.
A Nigerian man, later identified as Ezeobi, arrived at the location, received the parcel and was immediately arrested.
He was subsequently charged with trafficking the drugs found in the package. He was 28 at the time and employed at a clothing import warehouse.
“The unfortunate part is also that taxpayer funds were used to send him through trial and to lock him up in prison for five years. But not enough resources were spent on investigating the real culprits,” said Vignesh, who also represented Ezeobi, together with lawyer Ooi Hong Ming.
Bukit Aman Narcotics Crime Investigation Department director Comm Datuk Hussein Omar Khan said between January and September, 55 Malaysians, comprising 50 men and five women, were detained abroad for allegedly acting as drug mules in countries such as Belgium, Cambodia, Indonesia, Singapore and Thailand.
