R. Devaki, who can be seen carrying her son, with her lawyers (from right) Haresh Mahadevan and Ramzani Idris outside the court.
SEREMBAN: A 34-year-old woman who had to deliver and raise her youngest child while in jail after being charged with drug trafficking two years ago was acquitted and discharged by the High Court here.
Judge Datin Rohani Ismail acquitted R. Devaki after the prosecution failed to establish a prima facie case against her.
"After perusing evidence by both parties and conducting a comprehensive assessment, the court hereby finds that the prosecution has failed to prove the charge against the accused.
"The accused is hereby acquitted and discharged," she said.
Devaki was charged with trafficking 237.8g of cannabis at a house in Bandar Dataran Segar in Port Dickson around 7.30pm on Aug 4, 2021.
She was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and punishable under Section 39B (2) of the same legislation which carried the death sentence.
Rohani also advised Devaki to be careful when picking her friends in future.
"Please take good care of your son and yourself from now on. Do not make friends with anyone just like that," she said.
Devaki, who was standing in the dock, folded her hands and expressed her gratitude to the judge.
She was five months pregnant when she was detained by the police for the alleged crime.
Devaki delivered her child, who is her fourth, while incarcerated at the Sg Udang prison in Melaka. The boy, who was also brought to the court complex, is now 17-months-old.
Devaki was represented by Haresh Mahadevan and Ramzani Idris while Sharifah Maleeha Syed Hussin prosecuted.
When met outside the court, Devaki, who has three older children, said the first thing she wished to do was to offer prayers for her release.
"I am sad that my son was born when I was in prison but at least I am free now.
"Also, I will never forget the judge's advice (to be careful when making new friends)," she said.
She also thanked the court for giving her an earlier date for her case than scheduled.
According to the facts of the case, police found the drugs buried in the backyard of Devaki's rented home during a raid.
However, she had denied having any knowledge about the drugs.
Her husband was then working in Korea. The couple have since divorced.
