JOHOR BARU: A 61-year-old Indonesian businessman has escaped the gallows after the High Court ruled that the prosecution had failed to establish a prima facie case against him for drug trafficking.
Justice Datuk Abu Bakar Katar set the accused free without his defence being called on two charges.
In the first charge, Tjuan was accused of trafficking 4.223kg of methamphetamine in front of a restaurant in Pekan Pengerang in Kota Tinggi at 9.40pm on Oct 9, 2018.
In the second charge, he was accused of trafficking 280g of methylenedioxy-methamphetamine (MDMA) at the same location, time and date.
Both charges carry the death penalty upon conviction.
Deputy Public Prosecutor Azlan Bohari prosecuted the case.
Tjuan claimed he developed a hunch during his time in prison and wanted to return to Indonesia to seek treatment.
"Earlier I was able to walk straight but during my time in remand, I developed an abscess near my spine that caused me a lot of pain and discomfort.
"During the Covid-19 lockdown in 2020, I did not get much medical attention and my situation worsened," he said, adding that sleeping on the floor without a mattress or pillow worsened his condition.
He said he hoped to be deported back to Indonesia as soon as possible.
Tjuan said he came to Malaysia hoping to secure a business deal but ended up getting framed for drugs in 2018.
He also thanked his lawyer Datin Freda Sabapathy for taking up his case.
Also present in court was his wife and a representative from the Indonesian Consulate-General's office in Johor Baru.
Freda said Tjuan was a free man but would be sent to the Pekan Nanas Immigration Depot to be deported.
"In the meantime, I hope authorities give him his medication as he looks very frail and weak," she said. She also urged the Indonesian consulate to expedite his travel documents.
