KUANTAN: Shoddy investigations and laboratory analysis saw two close friends escape the death penalty for drug trafficking.
In releasing both men at the end of the prosecution case, High Court judge Mariana Yahya said the prosecution failed to prove a prima facie case against Nathan Kumarasamy and Parthiban Rajagopal.
Justice Mariana said despite knowing that the case involved the capital punishment, the chemist failed to carry out a proper analysis on the drugs seized.
"The machine to analyse the drugs was faulty and yet it was still used to prepare the report which was handed over to the police.
"Technicians were only called to inspect the machine after the report was completed and this startling fact was revealed and admitted by the chemist.
"The court is of the opinion that the report was unsafe and prejudicial to both accused," she said.
Storekeeper Nathan, 27, from Johor Baru, and labourer Parthiban, 28, of Skudai, were jointly charged with trafficking in 15.08gm of heroin and 12.11gm of morphine at about midnight on April 9, 2012 at a parking lot near a surau in Batu 11, Jalan Gambang, here.
The charge carries the mandatory death penalty.
Justice Mariana also hit out at the investigation officer for conducting incomplete investigations, poor handling of exhibits, including tendering and mixing up items of other cases, and failing to adduce evidence to prove both accused had knowledge of drugs hidden inside a speaker.
She expressed disappointment that the police did not conduct any investigations on in-coming and out-going calls from four cellphones seized from the accused to prove the existence of possible drug transactions.
"Based on all these loopholes, the court has no choice but to acquit and free both accused of the charge," she said.
Nathan was represented by G. Subramaniam Nair while Parthiban by S. Arumugam.
Both accused hugged each other and thanked their lawyers in securing their release.
Deputy Public Prosecutor Nor Azizah Mohamad prosecuted.
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